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(영문) 서울중앙지방법원 2016.01.15 2015가단35438
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 1981, the Plaintiff leased a store of 1st floor 8 of the D Building located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant store”) from around December 1981, and engaged in the wholesale and retail business of the synthetic leather headquarters.

From October 2010 to June 6, 2010, the Plaintiff was in arrears. The Defendant, a lessor, filed a lawsuit claiming the name, etc. of the store of this case against the Defendant (this Court Decision 2011Da277296, 201Na22364).

The above judgment was finalized on February 20, 2013, and the store of this case was ordered to be ordered to the defendant on March 18, 2013.

B. From March 18, 2013, the Plaintiff

3. Until December 25, 200, the store of this case was intruded four times; and

4.2. The bottom part of the outer stairs of the iron system, which is closed in the store and stacks up to the second floor, shall be removed;

In addition, the Plaintiff interfered with the entry of the instant store by installing a display stand in front of the entrance of the instant store and piling up the remaining raw materials, fences, etc.

(The plaintiff was punished by a fine on several occasions due to the above facts constituting the crime. The defendant requested the plaintiff to remove the above articles through the certification of contents several times, but the plaintiff rejected.

C. On December 9, 2013, the Defendant leased the instant store to E, and “E” from January 13, 2014, performed the Do and retail business at the instant store from January 13, 2014.

B. Plaintiff’s status

As the Plaintiff clearly expresses his intent to refuse the transfer of the goods in question, even if the Plaintiff’s serious interference with E’s business, the Defendant transported the original parts, etc. set up in front of the instant store to the rooftop of the building on January 12, 2014, and stored them in the warehouse and provided corrective devices, and then called the Plaintiff.

next day and the following day:

1. 16. The Plaintiff sent a certificate of content that the pertinent article was brought to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap's entries (part of entry) or images, and arguments, Gap's evidence Nos. 1, 3, 4, 7, 8, 9, Eul's evidence Nos. 1, 2, 4, 5, 6, and 7.

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