손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
1. The plaintiff, subject to the judgment of the court of this case, claimed for the payment of damages of KRW 10 million, consolation money of KRW 10 million, and damages for delay against the defendant as the principal lawsuit of this case. The defendant claimed for the payment of damages of KRW 19 million and damages for delay against the plaintiff as the counterclaim of this case. The court of first instance recognized only the damages of KRW 2 million and the damages for delay against the plaintiff. The court of first instance dismissed all the claims for the remainder of the principal lawsuit and counterclaim.
On the judgment of the court of first instance, only the part concerning property damage among the claims in the principal lawsuit, and since the defendant appealed only to the part concerning the counterclaim, the part concerning the claim for consolation money and its delay damages in the plaintiff's principal lawsuit are excluded from the subject of the judgment of the court of appeal. The part concerning the claim for consolation money and its delay damages in the principal lawsuit and only the part concerning the claim for counterclaim
2. Basic facts
A. In around 2010, the Plaintiff entered into a lease agreement with the Defendant and the Nam-gu Incheon Metropolitan Government C202 (hereinafter “instant store”).
B. The Plaintiff, at the instant store in early 2011, set up a party room in order to operate the party room, such as the party room, documentary room, and the carbridge, and filed an application for prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone with the Dong Office of Education of Incheon Metropolitan City, but the Dong Office of Education sent a reply on February 24, 201 that the Dong Office of Education prohibited the party room business due to the close with D Middle School and Ehigh School.
C. After that, the Plaintiff was running a party room business for a considerable period of time, the Plaintiff discontinued it, and from September 201, the Plaintiff used the instant store as an office and a lodging room.
On August 20, 2013, the Defendant: (a) around August 20, 2013, at the instant store, sold television 1 unit, computer 1 unit, tabler, air conditioners, 2 unit, water purifiers, etc. without the Plaintiff’s permission.
Grounds for recognition - Unsatisfy facts, Gap, Gap, 1, 3, 4, 7, 8.