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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. In light of the overall purport of Gap evidence Nos. 5 and Eul evidence Nos. 1, 2, and 4 as well as the overall purport of the pleadings, the plaintiff is a person operating a restaurant with the trade name of "F" (hereinafter referred to as "Plaintiff shop") in the Seoul Jung-gu Seoul Special Metropolitan City C market by leasing part of the part of the D one floor in the D market from E, and the defendant is a spouse of G who leased part of the first floor of the building (the immediate side of the plaintiff's restaurant) from Eul, and is operating the H's mutual rice dial book (hereinafter referred to as "Defendant shop").
2. Determination on the cause of the claim
A. The Plaintiff’s assertion interfered with the Plaintiff’s business from December 2, 2009 to June 2016 by stockpiling clicks, slicks, slicks, and other facilities necessary for the operation of the Plaintiff’s store, thereby preventing the Plaintiff from showing the Plaintiff’s store. As such, the Defendant should pay KRW 5 million and consolation money to the Plaintiff for property damage caused by business loss.
B. According to the purport of the written evidence Nos. 10 and 11, and Nos. 10 and 4 as well as the overall purport of the visual and oral pleadings, the Defendant couple appears to have been operating a street store in front of the Defendant shop, while the relevant facilities were partially in front of the Plaintiff shop.
However, according to the purport of the argument in the statement in Eul evidence No. 4, the plaintiff's store and the defendant's store are located in the aggregate of the C market, and the C market, on August 1, 2016, placed the location of the street store in the center through the environmental improvement project, and until that time, the defendant's husband and wife seems to have registered with the merchants' association normally and run the street store (the fact that the store operator was prohibited from purchasing a separate street store after the environmental improvement project). In light of the past business method in the C market, the defendant's facilities are installed.