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(영문) 서울남부지방법원 2019.04.11 2018나51377

손해배상(기)

Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to pay the principal lawsuit.

Reasons

1. Facts of recognition;

A. On June 19, 2014, the network K, H, and Defendant D, E, F, G, I, and J (hereinafter referred to as “the Defendant side”) concluded a lease contract with the Plaintiffs by setting the lease deposit amount of KRW 50,000,000 square meters on the first floor of the building located in Yeongdeungpo-gu Seoul Metropolitan City L, which were owned by them (hereinafter “instant store”) and KRW 2,50,000,000 per month of rent (excluding value-added tax), management expenses, KRW 480,00 per month of rent, and period of lease from September 1, 2014 to September 1, 2016, that “the building owner (the Defendant side) shall remove the floor and the wall of the present building and remove water leakage and make a special agreement so as not to hinder business operation.”

B. On September 4, 2014, Defendant J entered into a waterproof Construction Contract with Y Co., Ltd. with a view to fulfilling the Defendant’s obligation under the said special agreement, setting the construction cost of KRW 20,000,00. The Plaintiff A signed as the guarantor of the relevant waterproof Construction Contract.

C. The Plaintiffs commenced business with the trade name “M” on April 20, 2015, following the implementation of the construction of private letter or facility at the instant store.

Despite the above waterproof Construction, the number of persons continued in the store of this case until July 2016.

From July 19, 2016 to July 25, 2016, the Plaintiffs continued the repair work and the facility repair work for the water leakage while suspending the business from July 19, 2016. From July 26, 2016 to September 23, 2016, the Plaintiffs continued the repair work even after they resume the business.

The details that the plaintiffs paid the construction cost to the Z or AA that performed the repair work are as shown in the attached Form.

E. As to the foregoing building, the Defendant entered into a sales contract with N,O, and P on October 11, 2016, and on November 15, 2016, the Defendant completed the registration of ownership transfer in accordance with the sales contract.

(f) The Network K shall be December 3, 2016.