손해배상(기)
1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual interest from September 6, 2016 to October 11, 2017, and the following.
1. Basic facts
A. Korea Investment Trust Co., Ltd. (hereinafter “Korea Investment Trust”) (hereinafter “Korea Investment Trust”) was a contractor and executor, and Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”) newly built the first underground floor and the third complex of the fourth floor (hereinafter “instant commercial building”).
B. On June 28, 2011, the Plaintiff was selling 208 units of the instant commercial building from the Korea Investment Trust, and operated a bank business. On January 13, 2012, the Plaintiff was currently selling 105 units in addition to 105 units in order to use them as c. 365 days in the bank.
C. On October 12, 201, the Defendant leased No. 110 and used the instant commercial building from D, which purchased No. 110, to 365 days from the bank. From April 2012 to September 2012, the Defendant leased No. 204, 205, and 206 from E and F couple, the buyer of the instant commercial building, E, and F couple, and operated a bank business until September 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant asserted that the Plaintiff did not sell other financial institutions in the instant commercial building and that the sales contract was concluded, while being well aware of the fact that the Plaintiff concluded the sales contract, leased stores from the buyer, thereby hindering the Plaintiff’s banking business.
The Defendant obtained a profit equivalent to KRW 536,189,748 by running a bank business within the instant commercial building from April 2012 to September 2015. However, the Plaintiff was unable to obtain a profit equivalent to the said amount due to the Defendant’s interference, thereby incurring a loss equivalent to the said amount.
The plaintiff is seeking to pay 300,000,000 won, which is a part of the above 536,189,748 won, as damages for tort to the defendant.
B. The Defendant’s assertion that there was no intention or negligence to obstruct the Plaintiff’s banking business, and the Plaintiff was unable to prove property damage, and tort and property damage.