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(영문) 서울중앙지방법원 2016.06.23 2015가단5200183
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. From December 15, 2010, the Plaintiff operated the art education institute of the trade name “D Art Teaching Institutes” (hereinafter “instant private teaching institute”) from around 401 in Gangnam-gu Seoul, Seoul, and the Defendant DowonD Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract from the Defendant B management body (hereinafter “Defendant management body”), which is the managing body of the said B building, on October 9, 2014, and performed the construction of the fourth floor waterproofproof construction of the said B building (hereinafter “instant construction”).

B. The Plaintiff requested the Defendant management body to postpone the instant construction on the ground that the Plaintiff’s entrance was imminent at the time of the Plaintiff’s entrance. However, the Defendant management body, upon the Plaintiff’s request, demoted the construction without any prior notification or public notice.

In the process of performing the instant construction, the Defendant Company complained of the students of the instant driving school due to malodor, smoke, etc. by using carbon waterproof paints, which is a toxic substance, and received hospital treatment by appealing to the students of the instant driving school, and thereafter, the students of the instant driving school fell away at the time of entering the instant driving school, and most of the students of the instant driving school were limited to the instant driving school, etc. Accordingly, the Plaintiff suffered serious damage to the operation of the instant driving school. Accordingly, the Plaintiff closed its business around December 18, 2015.

C. Therefore, as joint tortfeasor, the Defendants are joint tortfeasor, and the Defendant management body also concurrently assumes liability for nonperformance under the management contract of an aggregate building, the sum of KRW 64,000,082,80,000,000,000,000,000,000 for the Plaintiff’s passive damages (amount of decrease in business profit) of E, 54,03,872.

2. Determination

(a) there is no dispute between the parties, or on the statements or images of Gap 1, 4 through 7, Gap 12-1, 2, Gap 15, Eul 1 to 12, Eul 13-1 to 3, Eul 13-2, Eul 1 and 2.

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