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(영문) 의정부지방법원 2019.12.24 2018가단19170

손해배상(기)

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1. The Defendant’s KRW 4,500,000 to the Plaintiffs, as well as 5% per annum from April 3, 2019 to December 24, 2019, respectively.

Reasons

1. Basic facts

A. (1) On February 5, 2016, Plaintiff A leased Nonparty D’s KRW 15,000,000 for security deposit, monthly rent of KRW 1,150,000 for the building E (G) of Yeonsu-gu Incheon from Nonparty D, and the period of February 4, 2018.

B (Plaintiff A) and Nonparty H leased the same condition as F(I) from D on the same day, but they delegated all rights under the contract to Plaintiff A.

B. The Plaintiffs had been in charge of interior medicine construction to remodel the above I and G units used as an existing massage practice establishment around that time into a singing practice room and a singing practice room.

C. On August 26, 2016, Plaintiff A registered a singinging business, and Plaintiff B registered a singinginging business on September 20, 2016.

[Evidence A] Evidence Nos. 2, 3, and 6

2. Both asserted that, by March 31, 2016, the Plaintiffs remitted the construction cost of KRW 29 million on the condition that the Defendant completes the interior works. At the Defendant’s request, the Plaintiffs additionally remitted KRW 38 million necessary for floor strawl, soundproof and Fire-Fighting Construction. The Plaintiffs could commence their business until August 31, 2016, and the Plaintiffs could begin their business until August 31, 2016, due to delay in construction or non-construction, etc., that the damages total of KRW 48,560,00 were incurred as follows.

The defendant asserts that the defendant is not a party to the contract as follows. Furthermore, the plaintiff B is not a party to the contract.

The Plaintiff’s assertion of the damage item

1. Permission for fire-fighting of the interior works in the state of the monthly rent, management expenses, 15,00,000 won design expenses for the period from March 31, 2016 to August 31, 2016;

2. The glass of the outer wall of KRW 2,160,00,000, which is not included in this Agreement, is not effective because the ceiling has been set up in the issue of fire-fighting permission for the completion of the winding construction of KRW 2,00,000, not included in this Agreement;

3. The interior colors of the soundproofing work of KRW 10,00,000 which has not been executed further, shall be colored with the completion of the soundproof work of KRW 10,000,000 which has not been executed further, as well as the completion of the soundproof work of KRW 10,00,000 which has not been executed further.