손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 1, 2013, the Plaintiff leased part of six floors from the Defendant during the period of lease from December 1, 2013 to November 30, 2015 from the Busan Jin-gu (hereinafter “instant building”). From December 1, 2013, the Plaintiff operated a fish driving school on the six above floor from December 1, 2013 to December 1, 2015.
B. The Plaintiff and the Defendant agreed on October 30, 2014.
C. At the time of the conclusion of the above lease agreement, the 7th floor of the instant building was leased from the case company, and used as the mobile communication base station of the KT and LBpller Co., Ltd.
[Ground of recognition] Facts without dispute, entry in B through 3, purport of the whole pleadings
2. The Plaintiff suffered severe damage due to strong electromagnetic waves, noise, and vibration in the base state for mobile communications located on the seventh floor of the instant building.
At the time of the conclusion of the above lease agreement, the Defendant did not notify the Plaintiff of the fact that there was a base station for mobile communications on the 7th floor above, even if it did not conclude the lease agreement. Therefore, the Defendant is obliged to compensate the Plaintiff for damages due to breach of duty to notify.
3. 1) In a case where it is evident in light of the empirical rule that the other party to the transaction would not have been notified of certain circumstances, if so, it is obligated to notify the other party of such circumstances in advance in accordance with the principle of good faith. The subject of such duty of disclosure can be acknowledged not only by the direct law but also by the general principles of contract, customs, or cooking (see Supreme Court Decision 2004Da48515, Oct. 12, 2006). The 7th floor of the instant building is not the subject of the instant lease agreement. The Plaintiff asserted that there was strong electromagnetic waves, noise, and vibration in the base country established on the 7th floor above.