손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff filed a claim from the defendant from August 27, 2005 to use the 50,000 won per month for the warehouse of the first floor of the building of this case while he leased part of the building of Seongbuk-gu Seoul (hereinafter "the building of this case") from the defendant and operated the store business.
However, for his own interest and purpose, the Defendant, using the circulation device of the septic tank, spawn some malodor at the Plaintiff’s store on the first floor of the instant building, and the Defendant did not comply with the request for repair, but among which the Plaintiff was doing so, the goods kept in its custody were damaged.
Therefore, the defendant is liable to compensate the plaintiff for damages of 30,000,000 won which the plaintiff suffered.
2. We examine the following facts: ① the Defendant requested the Plaintiff to transfer the part of the Plaintiff’s stores on the first floor of the instant building due to the termination of the lease agreement as the court 2016Gadan3499, and the Plaintiff filed a lawsuit seeking payment of overdue rent and unjust enrichment equivalent to rent, which is the same as the cause of the instant lawsuit. However, the instant adjudication division on August 10, 2016 did not require the consent of the Defendant who is the lessor at the time of filing an application for the registration of business, and thus, the Plaintiff cannot refuse to pay rent. The evidence submitted by the Plaintiff alone is insufficient to deem that the Defendant violated the obligation to use and benefit from the sale of the first floor of the instant building as well as the obligation to use and benefit from the sale of the building on the first floor of the instant case. (In response to the appeal by the Plaintiff, the appellate court and the Plaintiff’s appeal were dismissed.)