logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.29 2018나317681
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 1, 2016, the Plaintiff concluded a lease agreement with the Defendant on the lease deposit amounting to KRW 100 million, monthly rent amounting to KRW 4 million, and period from January 1, 2016 to December 31, 2017 (hereinafter “instant lease agreement”).

B. The instant lease agreement was terminated on June 23, 2016.

C. On March 5, 2018, the Plaintiff was ordered to close down the wastewater discharge facilities and prevention facilities due to the failure to file a report on the installation of wastewater discharge facilities of the instant plant with the Busan City.

[Ground of recognition] Facts without dispute, Gap 3, 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The plaintiff's assertion

A. Due to the nonperformance of the duty of repair of defects by the Defendant, a lessor of the instant plant, caused rainwater in the instant plant, and failed to properly operate the machinery of the instant plant, as well as failed to manufacture products due to the extinguishment of the program due to the prolonged suspension of the machinery.

B. The defendant could not use the factory of this case as a printing factory, and even though he was subject to an administrative disposition due to the lack of the report on installation of wastewater discharge facilities, the plaintiff could not operate the factory of this case properly.

C. Upon dismissal from the Plaintiff’s representative director, the Defendant interfered with the Plaintiff’s business by larcenying a computer nicket, etc. with which the trade secret was contained, and ordering the employee in charge to retire, etc., and the Plaintiff cannot use the nick machine, and requested replacement production to Nonparty D and E.

As a result, the Plaintiff suffered damages from KRW 4,00,00,00 for printing machines, KRW 13,11,980, and KRW 11,574,80, and KRW 28,686,783, in total, for replacement production costs, the Defendant is liable to compensate the Plaintiff.

3. Determination

(a) a defect repair obligation violation;

arrow