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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On or after the beginning of March 2014, the Plaintiff entered into a verbal agreement with the Defendant to lease KRW 60,000,000 for monthly rent without a deposit (hereinafter “instant oral agreement”) the first floor among the detached houses on the land owned by the Defendant, Gangwon-do Crossing-gun C and two parcels (hereinafter “instant office”).
B. Next, from the end of March 2014 to April 15, 2014, the Plaintiff: (a) carried materials in the instant office with KRW 8.5 million; and (b) kept the Plaintiff’s office fixtures; and (c) on July 19, 2014, the Defendant leased the degree of 56 square meters among the instant buildings to a third party.
(Ground for recognition: Facts without dispute, Gap evidence 1, Eul evidence 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.
2. Determination:
A. The plaintiff's claim for damages and its judgment (1) The defendant, after the oral agreement of this case, arbitrarily leased the office of this case to a third party without any notice to the plaintiff, and incurred damages of KRW 8.5 million for the interior works of the plaintiff. The defendant is obligated to pay 8.5 million for damages to the plaintiff according to the conjunctive tort (liability for negligence in the conclusion of the contract).
(2) The Plaintiff’s primary and conjunctive assertion regarding the Plaintiff’s assertion is premised on the reversal of the instant oral agreement due to the Defendant’s fault. As seen earlier, the Defendant leased the instant office to a third party after the said oral agreement. However, in light of the following circumstances, it is insufficient to deem that the said oral agreement was reversed due to the Defendant’s fault, and there is no other evidence to prove otherwise.