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(영문) 서울서부지방법원 2017.08.10 2017나371

손해배상

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

Basic Facts

From September 2, 2008 to December 15, 2015, the Defendant owned the 6th floor building located in Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant building”).

Plaintiff A, on May 1, 2010 to December 15, 2015, Plaintiff B, who leased the leased object (including the instant building) (including the implied renewal period), 181.53 square meters, operated the elderly who leased part of the instant building from the Defendant to the “E medical care institution” (hereinafter “instant medical care institution”) on January 25, 209 from August 25, 2009 to January 25, 2014, Plaintiff A, on December 26, 2014 to December 15, 2015.

In a partial lease agreement concluded between the plaintiffs and the defendant, "management refers to a business entity designated by the defendant, the plaintiffs will comply with it, and the management rules shall be separately prepared at the time of occupancy."

(Article 7(3) and (hereinafter “instant provision”). 【The ground for recognition” has no dispute, 【A’s evidence Nos. 1 through 10, “B’s evidence Nos. 1 (including each number, if any; hereinafter the same shall apply), and the purport of the entire pleadings, the gist of the Plaintiffs’ assertion in the purport of the whole pleadings has been leased from the Defendant to operate the instant medical care center.

However, while entering into a lease agreement with the plaintiffs, the defendant did not perform the management of the parking lot (a mechanical parking lot) of the building of this case by entrusting the management company, etc. pursuant to the provision of this case, but failed to perform it, and by allowing various goods to be loaded in the vicinity, thereby preventing the medical care center employees and customers from using the parking lot.

Accordingly, the plaintiffs suffered damages in relation to the operation of the medical care center, so the defendant is obligated to pay the damages amounting to KRW 35,000,000 and delay damages to the plaintiffs.

The plaintiffs are due to the defendant's other default or harmful acts in the first instance trial.