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(영문) 의정부지방법원 2015.12.09 2013가단53403

손해배상(기)

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1. The Defendant’s KRW 12,95,157 with respect to the Plaintiff and KRW 5% per annum from November 16, 2013 to December 9, 2015.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff entered into a lease agreement with the Defendant on the first basement (hereinafter “instant real estate”) located under C (hereinafter “instant real estate”), setting the lease deposit amount of KRW 10 million, monthly rent of KRW 500,000, and the lease term of KRW 24 months from March 1, 2011 (hereinafter “instant lease”).

B. On February 20, 201, the Plaintiff agreed to succeed to a lease agreement for the EPC bank (hereinafter “instant PC bank”) with the content that the Plaintiff would take over KRW 93,000,00 ( KRW 10,000,000,000 for lease deposit, KRW 53,000,00 for equipment expenses, including computers, and KRW 30 million for computer, etc.).

C. On August 12, 2013, the Plaintiff, at the entrance of the toilet, PC floor, and emergency stairs of the instant real estate, was generated, and there was an excessive amount of moisture and mycoiation, and PC automatically generated during the business, and the monitor caused enormous losses to the business. As such, the Plaintiff sent a certificate of content that requests the Defendant to improve the leakage portion of the building by August 14, 2013.

On September 2, 2013, the Plaintiff reported the closure of the instant PC room, and did not engage in the PC room business on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, Eul evidence 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff alleged that the Plaintiff primarily did not take measures, such as repairing the leased object, despite the Defendant’s occurrence of defects, such as water leakage, etc., and accordingly, the Plaintiff, a lessee, incurred damages equivalent to KRW 33,026,639, and the Plaintiff, a lessee, was practically unable to conduct his/her business from July 2013 to October 2014. As such, the Plaintiff alleged that he/she suffered business loss of KRW 43,840,00 (= monthly profit 2,470,000 x 16 months). In addition, the Plaintiff did not take measures, such as repairing the leased object even if the Defendant suffered defects, such as water leakage, etc., in the leased object.