손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is a person operating the “C” company for manufacturing, installing, etc. industrial machinery, and the Defendant is a lessee of the D plant located in Sungsung City (hereinafter “instant factory”).
B. On April 2018, the Plaintiff decided to transfer the instant factory from the Defendant to the Defendant during the period of KRW 700,000, and the period of April 30, 2018. Around that time, the Plaintiff received delivery of the instant factory from the Defendant, and subsequently, performed manufacturing and processing of industrial machinery at the instant factory.
C. While the Defendant had renewed the said sub-lease contract over several occasions, on July 2018, the Defendant decided to terminate the said sub-lease contract, and the Plaintiff tried to take the vehicle out of the instant factory on July 23, 2018, but the Defendant offered a text message to the effect that the Defendant did not bring the vehicle to the police by asserting that the Defendant, in the instant factory, did not exist, and that the Plaintiff would report it to the police in the event of unauthorized Infringement within the instant factory.
On July 26, 2018, the Plaintiff visited the factory of this case. However, the Defendant asserted that the construction section does not exist, and the Plaintiff rejected the Plaintiff’s request for return of the equipment, etc., while failing to comply with the Plaintiff’s request for return of the equipment, etc., inasmuch as the Plaintiff did not return his/her construction section until October 24, 2018.
E. On December 19, 2018, the Defendant: “On July 23, 2018 and December 26, 2018, the Defendant brought about a defective tool that the Plaintiff intended to take out the construction site within the instant factory; E., the destroyed interior tool would have a big sound that it would have a choice but would not bring about a construction site by force due to the Plaintiff’s breaking away from the Plaintiff’s body; thereby interfering with the Plaintiff’s production of and contact with the Plaintiff’s product” was a criminal fact constituting “a fine of KRW 1,00,000, the summary order of KRW 2018 High Court Decision 201371, Jan. 2, 2013.