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The judgment of the first instance court, including the claims extended and reduced in this Court, shall be modified as follows:
The defendant.
Reasons
1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420
2. Determination
A. The reasoning for this part of the claim for the cost of materials to be discharged is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
B. With respect to a claim for damages arising from a tort, the court of first instance claimed KRW 62,979,840 of the General Lease Agreement and KRW 5,639,438 of the expenses incurred in the loss of the materials attached to the non-repaid and the expenses incurred in the loss of the materials attached to the non-repaid in accordance with Articles 5 and 11 of the General Lease Agreement. The court of first instance dismissed all of the plaintiff's primary claims, and dismissed only KRW 62,979,840 of the expenses incurred in the loss of the materials. The part of the claim for damages arising from the loss of the remaining materials was dismissed.
As to this, only the defendant appealed, and the plaintiff extended the claim for damages due to the preliminary claimant's tort. This court is to judge only the claim for damages due to the tort.
1) Even if the Plaintiff’s assertion that the lease agreement of this case was not acknowledged to the Defendant, the Defendant is liable to compensate for damages caused by tort as it occupied and used the Plaintiff’s Algae without permission, and the damage therefrom is equivalent to the rent for Algae. From August 1, 2017 to January 31, 2019. The price for Algae material during the 184-day period from August 1, 2017 to January 31, 2019 is KRW 250,351,960; and the rent for Algae that the Defendant occupied and used by the Defendant is KRW 1,360,60 per day (=250,351,960 + 184 days, and below KRW 184, and below.