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(영문) 수원지방법원 2016.11.10 2015가단38671
손해배상
Text

1. The Defendant’s KRW 20,348,226 as well as 5% per annum from January 16, 2016 to November 10, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2011, the Plaintiff leased KRW 165 square meters (hereinafter “instant vinyl”) among the instant vinyls on the ground of the wife population C, G-si, G-si, G-si, the Defendant, at KRW 3,000, from January 1, 2012 to December 31, 2012, the term of lease was fixed from January 31, 2012 to December 31, 2012. Around that time, the Plaintiff received delivery of the instant vinyl, and operated the instant vinyl as “D” in the instant vinyl.

After that, on January 24, 2013, the Plaintiff re-leased the instant vinyl from the Defendant with the term of lease from January 1, 2013 to June 31, 2013, and the rent of KRW 1,500,000 for six months.

B. On September 23, 2014, October 16, 2014, and November 28, 2014, the Defendant sent a certificate of the content that the Plaintiff requires the Plaintiff to pay the rent of KRW 3 million in arrears and the restoration to the original state of a vinyl, and filed a lawsuit against the Plaintiff seeking the delivery of the instant vinyl, as the Suwon District Court Decision 2015Kadan1094, March 4, 2015, on October 16, 2014.

C. On June 28, 2015, the Plaintiff handed over the instant vinyl to the Defendant, and filed a report on the closure of the same day.

On July 29, 2015, the defendant withdrawn the above lawsuit and became final and conclusive as the withdrawal of the lawsuit on August 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 11, 17 evidence, Eul evidence 1 and 3 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff 1’s assertion by the parties is liable to compensate the Plaintiff for damages arising from interference with business, as follows: (a) the Plaintiff shuts the entrance at both the entrances of the instant vinyl house from August 2014 to June 2015, and shuts down the entrance at both the entrances of the instant vinyl house; and (b) the Plaintiff interfered with the Plaintiff’s business by cutting electricity and cutting off.

(1) From August 2, 2014, from the entrance to the instant vinyl house, the entrance of the vehicle was obstructed by stringing the door abutting on both sides of the roadways that come into the instant vinyl house.

(2) From August 11, 2014, the portion used by the Plaintiff among the vinyl houses of this case.

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