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(영문) 대구지방법원 2019.09.26 2018나321130

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination:

A. 1) A lessor is liable to compensate for losses suffered by a lessee (Article 10-4(3) and 10-4(1)4 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”)). According to the above recognition, it is reasonable to deem that the Defendant interfered with the Plaintiff’s payment of premium from F to F by refusing to enter into a lease agreement with the new lessee arranged by the Plaintiff without any justifiable reason, barring any special circumstance (the Defendant asserted that the instant premium agreement was concluded falsely, but the Plaintiff did not have any intent to enter into a lease agreement with F to become a new lessee on April 2, 2018).

2) As to the Defendant’s assertion, the Defendant asserted that the Plaintiff had requested delivery of the instant store upon the expiration of the instant lease agreement period, and that the Plaintiff consented thereto, on several occasions, such as the time when the Defendant purchased the instant building, there is a risk that the instant building might collapse and the balcony might collapse. As such, it is insufficient to recognize the Defendant’s assertion solely based on the written evidence No. 3, and the testimony of the witness H at the trial.