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(영문) 대구고등법원 2018.10.24 2018나21488

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

This court's reasoning is that it is identical to the part of "1. Basic Facts" of the judgment of the court of first instance, and therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act.

argument and Judgment

A. The Plaintiff’s assertion 1) At the time of entering into the instant lease agreement and filing a lawsuit by telephone, the Defendant made an oral agreement with the Plaintiff to consent without any objection when the Plaintiff wishes to sublease or lease the instant land and model house during the lease period. However, in violation of this agreement, the Plaintiff consented to sub-lease or lease of the instant land and model house for the development of the light industry around July 2016. As a result, the Plaintiff suffered damages from the loss of rent and rent equivalent to KRW 54 million. Therefore, the Defendant is liable to pay the Plaintiff the above KRW 54 million, the damages incurred by the Plaintiff due to the nonperformance of the obligation under the foregoing agreement, as well as damages for delay. 2) Unless it is acknowledged that the establishment of the disposition document is authentic, the court should recognize the existence of the terms and conditions of the lease agreement and the contents of the sub-lease agreement as stated in the sub-lease agreement (see, e.g., Supreme Court Decision 2016Da4275, Jun. 25, 2016).