beta
Text
1. The Defendant: (a) KRW 2,00,00 for Plaintiff A; and (b) KRW 500,000 for Plaintiff B; and (c) for each of them, from April 11, 2014 to September 4, 2014.
Reasons
1. Facts of recognition;
A. On April 14, 2010, the Defendant is the owner of 198 square meters in a single-story factory of a steel pipe panel in Daegu Northern-gu D, Daegu-gu (the actual area of which is 302.8 square meters) and the Plaintiff B leased from the Defendant a deposit of KRW 5,000,000, monthly rent of KRW 80,000 in the south part of the above factory (hereinafter “instant factory”), and the Plaintiff A transferred part of the instant factory with the Defendant’s consent of KRW 3,00,000,000, around April 15, 2010.
B. The Defendant discontinued the supply of electricity to the instant factory from November 20, 2012 to November 21, 2012 on the grounds that the Plaintiffs did not pay the monthly rent, electricity fee, etc.
C. The Defendant filed a lawsuit against the Plaintiffs seeking the delivery of the instant factory, and the Plaintiffs delivered the instant factory to the Defendant around January 23, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 5, 6, 12-5, 6, and 13, witness E and F testimony, the purport of the whole pleadings
2. The gist of the Plaintiffs’ assertion was from November 20, 2012 to November 22, 2012, the Defendant suspended the supply of electricity to the instant factory for three days. Since around 2013, the Defendant corrected the entrance and exit of the instant factory, and suspended the supply of electricity from July 9, 2013 to the delivery of the instant factory.
The Defendant’s above tort caused property damage equivalent to KRW 52,30,000 (= KRW 16,800,000,000) by failing to operate a factory properly, thereby failing to receive the remainder of KRW 16,80,000 from G, which is the business partner, and KRW 5,430,000 (= KRW 16,80,000,000). The Plaintiffs suffered considerable mental damage due to the above tort.
Therefore, the Defendant paid KRW 57,30,000 to the Plaintiff (=property damage KRW 52,330,000) and KRW 5,000,000 to the Plaintiff, and damages for delay to the Plaintiff.