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(영문) 청주지방법원 2017.08.09 2016나13421
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: each "Witness witness" of the 3rd, 2, 3, and 4th, of the judgment of the first instance; each "H" of the 3rd, "H" of the 3rd, "the plaintiff's assertion" of the 4th, "the plaintiff's primary claim", and "the plaintiff's primary claim" are as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment as described in the 2nd, 3rd, and 4th, of the 3rd, to "the primary claim of the plaintiff"; and therefore, it is identical to the reasoning of the judgment of the first instance, except for the addition of the judgment as described in the

(2) The court of first instance’s findings and determination are justifiable even if the Plaintiff submitted evidence No. 10, No. 11-2, and the Defendant’s personal examination result to the court of first instance, which was duly adopted and investigated by the court of first instance, and the court of first instance did not err by misapprehending the legal principles as alleged in the grounds for appeal). 2. The Plaintiff’s conjunctive grounds for appeal and determination

A. The gist of the Plaintiff’s assertion is that the Defendant, a lessor of the commercial building, was obligated to maintain the condition of the Plaintiff’s business operation by using the instant store, but the Plaintiff’s family members interfere with the business by parking at the entrance of the instant store; ② the Defendant’s family members became unable to utilize the F land as the parking lot despite mutual recognition of the F land as the parking lot of the instant store since the conclusion of the instant lease contract; ③ the Defendant’s failure to take any measures with knowledge that noise, dust, vibration, and noise due to construction of neighboring land and operation of construction vehicles, etc., could not normally utilize the kitchen, etc. of the instant store (hereinafter “reasons for each disability”), constitutes nonperformance by the Defendant, a lessor.

B. The lessor’s obligation to the lessee in the ordinary lease relationship is merely a leased object, barring special circumstances.

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