(영문) 창원지방법원 2020.11.12 2019나4025 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2020.11.12 2019나4025

손해배상금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party to the instant building in Gyeongnam Kim-si (hereinafter “instant building”).

(D) The instant commercial building (area 127.71m2, hereinafter referred to as “instant commercial building”).

(2) The Defendant is the owner of the instant commercial building. (2) From March 2018, the Defendant operated the instant bath and skin club (hereinafter “H bath”) with the trade name of H, E, E, and F, the upper floor of the instant commercial building (the trust registration was completed in the name of G Co., Ltd. on April 30, 2018) and from March 2018.

B. The occurrence of water leakage and the suspension of bathing business 1) From the date the Defendant commenced the instant bath business to the third floor of the instant building including the instant commercial building from the date of commencement of the instant bath business (hereinafter “instant water leakage phenomenon”).

(2) Due to the water leakage phenomenon of this case, the owner of the instant building I (J) and K (L) filed an application against the Defendant for a provisional injunction on the instant bath business, and received a decision on temporary injunction on September 4, 2019 (JJ 2019Ra1021), and the Defendant discontinued the bath business of this case from around that time.

C. 1) The Plaintiff leased the instant commercial building with a deposit of KRW 15,00,00, KRW 550,000 per month, and the lease term from October 15, 2013 to October 14, 2015 (hereinafter “the lease of this case”).

(2) On April 2020, the Plaintiff completed the repair work (cost of construction cost of KRW 600,000) and leased the said commercial building to a new lessee, with respect to the defect that occurred in the instant commercial building due to the water leakage phenomenon.

3) As to the instant commercial building, an average of KRW 350,000 per month from May 2018 to March 2020 was imposed on the management expenses for the instant commercial building. [The fact that there is no dispute over the grounds for recognition, the entries or images of Gap evidence Nos. 1 through 7, and the purport of the entire pleadings.]

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion.

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