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(영문) 수원지방법원 2016.07.22 2015나44455

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, with the exception that the phrase “ July 1, 2014” in Paragraph 2 is deemed to read “ July 10, 2014,” and thus, the reasoning for the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) around April 2012, the Plaintiff and the Defendant divided the instant real estate into 101, 102, and 103, and agreed to use only 103 out of them, and receive the facility investment cost and premium from a new lessee by leasing 101, 102 out of others. According to the agreement, the Plaintiff made efforts to lease 101, 102 out of 102 on 102 several occasions, which interfere with the Defendant’s refusal to lease 102, thereby preventing the Plaintiff from collecting the facility investment cost and premium. After which the Defendant leased 102 units to 102 units without the Plaintiff, and did not remove the facilities installed by 102 units x 201 units x 205 units 201 units ; thus, the Defendant paid 205 units x 106 units x 200 million won to the Plaintiff for 201 units ; and therefore, the Defendant did not request 2010,2000,2000.