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(영문) 서울중앙지방법원 2020.09.08 2018가단5206014
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 61,313,852 and KRW 12,584,125 among them, from October 9, 2018, and KRW 48,729.

Reasons

1. Facts of recognition;

A. (1) Between D and D on September 2016, the Plaintiff is the Gangnam-gu Seoul F ground building owned by D and E (hereinafter “instant building”).

2) Of the instant stores, one underground floor is 297 square meters (hereinafter “instant store”).

(2) From September 10, 2016 to September 9, 2018, the lease deposit amount of KRW 60,000,000, monthly rent of KRW 4,150,000 (excluding value-added tax), management expenses of KRW 1,350,00 (excluding value-added tax) shall be determined and leased (hereinafter “instant lease agreement”).

(2) The Plaintiff paid the lease deposit under the instant lease agreement to D, and operated the instant store with the mutual focus of “G”.

B. The Defendants entered into a contract with D and E to purchase the instant building on September 1, 2017, and completed the registration of ownership transfer on November 20, 2017.

C. 1) On May 8, 2018, the Plaintiff notified the Defendants of the water leakage in the ceiling of the instant store, and requested the Defendants to repair, and the Defendants performed the repair work to replace the steering gear around May 23, 2018. However, upon the completion of the repair work, the Plaintiff sent to the Defendants a certificate of the content that “the Plaintiff was deprived of visitors due to the water leakage that occurred during May 8, 2018 and eventually closed down on June 8, 2018, the Plaintiff was able to receive KRW 30 million or more, the exemption of rent, the termination of the lease contract and the return of the lease deposit, and the repair work for the water leakage.”

3. The Defendants, on August 14, 2018, requested the Plaintiff to perform waterproof construction works for the entire building of this case including the instant store.

The claim for damages amounting to KRW 30 million cannot be accepted in the absence of the details and grounds for the amount of damages.

On September 9, 2018, the expiration date of the instant lease agreement, the instant store was restored to its original state and returned.

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