손해배상(기)
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 47,705,000 and its KRW 30,000,000 among them, the Defendant (Counterclaim Defendant) on October 17, 2018.
In light of the malodor and water leakage generated at the instant store until the end of August 2018, when considering the fact that the Defendant provided the Taekwondo hall with the education of its original students, it does not seem that the Plaintiff could not make any use or profit-making because of the malodor and water leakage that the Plaintiff was partly hindered for the same use or profit-making as the object of the lease that the Taekwondo hall is operated. Thus, the extent that the Plaintiff’s use or profit-making of the instant store was impeded by taking into account the malodor and water leakage revealed in the facts recognized earlier, the period during which the occurrence of malodor and water leakage occurred, the degree of the Plaintiff’s use or profit-making during the period during which the Plaintiff operated the Taekwondo hall, and the number of original students during which the Plaintiff operated the Taekwondo hall is recognized as 70%.
Therefore, the Plaintiff can only refuse to pay 70% of the total monthly rent and management expenses of KRW 1,530,000,000. Therefore, the Plaintiff is obligated to pay KRW 2,295,000 (= KRW 1,530,000) to the Defendant, which is equivalent to 30% of monthly rent and management expenses from April 1, 2018 to August 31, 2018.
The defendant's defense of the overdue rent deduction is justified within the scope of the above recognition.
C. Claim 1) The Defendant was unable to properly operate the Taekwondo hall due to the Defendant’s nonperformance of the repair obligation. As such, the Defendant is obligated to compensate for damages equivalent to the business loss suffered by the Plaintiff at the time of the termination of the instant lease agreement, as well as damages incurred due to the Plaintiff’s failure to recover the expenses of the test taken by the Plaintiff as the instant lease agreement was terminated early. (2) Where the scope of liability for damages is recognized as having incurred damages in a lawsuit claiming damages, but it is extremely difficult to prove the specific amount of damages in light of the nature of the case, the court shall consider the overall purport of the pleadings and all the circumstances recognized by the outcome of examination of evidence, as a whole.