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(영문) 광주지방법원 2019.02.14 2018나55806
손해배상(기)
Text

Of the judgment of the first instance, among the judgment of the court of first instance, the amount of KRW 11,400,000 against the defendant and the amount of KRW 14,00 against the defendant shall be from March 14, 2017 to February 14, 2019.

Reasons

1. Basic facts

A. On September 6, 2013, the Defendant entered into a lease agreement with the Plaintiff and the Plaintiff, and leased the said vinyl by setting the lease agreement from October 1, 2013 to October 1, 2016, by setting the annual rent of 3.5 million won on the 4-Dong 1,200 square meters in a vinyl house located on the ground of Plaintiff A and Naju City owned by the Plaintiff, D, and E.

In addition, on October 1, 2013, Plaintiff B and Plaintiff B entered into a lease agreement under the same conditions with respect to approximately 1,200 square meters of the 4 greenhouses located on the ground of F in the Naju City owned by Plaintiff B, and leased the said vinyl.

(2) The Defendant raised the original in the instant vinyl, i.e., the instant vinyl, and referring to the said lease agreement. The Defendant raised the original in the instant vinyl.

B. From December 2015 to February 2016, many snow was found in the area where the instant vinyl was located.

around February 2016, the instant vinyl was collapsed on the ground that the steel frame consisting of the bones of a vinyl house without checking the weight of the snow accumulated. This case’s vinyl was collapsed all around February 2016.

(hereinafter referred to as “instant accident”). C.

As the greenhouse of this case collapses, it was impossible to use and make profits according to the purpose of the lease contract, and it was confirmed that the cost of KRW 0,000 was required for the restoration of the vinyl house, and the Plaintiffs renounced the vinyl house restoration.

The agreement was reached by the Defendant to purchase a plastic house site from the Plaintiffs.

From August 13, 2016, the Plaintiffs removed the remaining parts of the instant vinyl through G at their own expense and performed waste treatment and reclamation work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9, 10, 11, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The defendant, who is a lessee of a claim for damages due to nonperformance, is the lessor.

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