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(영문) 창원지방법원진주지원 2020.04.22 2018가단38412

손해배상(기)

Text

1. The Defendant’s KRW 7,624,00 as well as the Plaintiff’s annual rate of KRW 5% from September 4, 2019 to April 22, 2020, and the following.

Reasons

1. Facts of recognition;

A. On October 15, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the term of lease from October 15, 2015 to October 14, 2017, with respect to approximately 32.3 of the first floor among the above-ground buildings C (hereinafter “instant store”), which is owned by the Defendant, on October 15, 2015, the lease deposit was set at KRW 10 million, and the monthly rent was KRW 750,000 (payment on May 15, 201), and operated a collection of actual expenses by May 9, 2018, with the trade name “D.”

B. The instant lease agreement was implicitly renewed, and around December 26, 2017, water leakage occurred at the instant store, and the Plaintiff demanded repair to the Defendant.

C. On March 2018, and around April 2018, the Defendant continued water leakage at the instant store.

On May 9, 2018, the Plaintiff sent the instant lease contract to the Defendant on the ground that the Defendant was not obligated to repair, and then sent the content-certified mail to the Defendant.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff, as a result of the Defendant’s nonperformance of the repair obligation, sustained operating losses of KRW 4 million on a monthly average from January 2018 to May 9, 2018, and did not have any other reason to terminate the instant lease agreement.

The Defendant is also obligated to compensate for business suspension losses that the Plaintiff had been able to obtain for a reasonable period from January 2018 to April 2018 (average 4 million won per month) and from May 1, 2018 to September 30, 2018 (the Plaintiff asserts that business suspension losses between five months) incurred a total of KRW 36 million, and the Defendant is obligated to pay the Plaintiff KRW 36 million.

(b) repair obligations;