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(영문) 서울서부지방법원 2016.09.22 2016나30030
대관료반환등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid under paragraph 2 shall be revoked.

2...

Reasons

1. A party member's explanation about this part of the facts of recognition is identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. The plaintiff's assertion that ① the above performance stage status should be arranged to facilitate the academic schedule, such as C's class, at the regular use date of the instant performance hall under the contract of this case. However, the contract of this case was not properly implemented by allowing a long-term H team with the above performance hall for a period other than the plaintiff's regular use date to neglect the stage string, sound, lighting, etc., thereby hindering the plaintiff's use of the performance hall. ② The plaintiff's access to the site class hours and interfere with the plaintiff's on-site class, ③ the H team did not comply with the provision of prior notice on special performance under the contract of this case and priority of the plaintiff, ④ the plaintiff's outdoor signboard was installed without prior consultation with the plaintiff, ⑤ on May 4, 2015, the plaintiff's fee of 30 days prior to 15 days prior to the termination date of the contract of this case excluding the above performance hall's fee of 30 days prior to 25 days prior to the termination date of the contract of this case 106 days prior to 15 days.

B. Under the Defendant’s assertion, the Defendant’s assertion is sufficient to allow the Plaintiff to use the instant performance hall on the date of the Plaintiff’s regular use, and installation and management of stage, sound, lighting, etc.

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