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(영문) 서울북부지방법원 2020.08.18 2019나33089
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings and images of Gap evidence 1-1 to 4, evidence 2-1 to 5, evidence 3, 4, and 8-1, 2, Gap evidence 9, 10, 12, and evidence 1-1.

C On June 3, 1997, the registration of initial ownership has been completed with respect to the building listed in the attached list (hereinafter “instant building”).

B. Around May 2015, the Plaintiff entered into a lease agreement with C on the lease of 109.53 square meters (hereinafter “Plaintiff’s store”) of the instant building from C (hereinafter “the instant lease agreement”). Around May 2017, the Plaintiff entered into a lease agreement with C to renew the instant lease agreement for a period of 50 million won for lease deposit, 1.6 million won for monthly rent, and 24 months from May 10, 2017 to May 9, 2019. The instant lease agreement was renewed thereafter.

C. Around 2016, D entered into a lease agreement between C and C on the lease of 112.33 square meters of the 1st floor of the instant building (hereinafter “instant store”). D.

D After leasing the instant store, D changed the location of the urinals of the toilets located inside the instant store, and changed the urinals of the toilets by adding urinals to the urinals.

E. The phenomenon that can be enjoyed from the toilet of the instant store to the Plaintiff’s store was around November 2017.

F. On March 15, 2018, the Defendant entered into a lease agreement with C to lease the instant store by setting the lease deposit amount of KRW 90 million, monthly rent of KRW 3.3 million, the lease term from April 1, 2018 to March 31, 2020.

G. On March 26, 2018, the Plaintiff filed a claim for remuneration and damages due to water leakage with D, and C performed the toilet repair work for the instant store and performed the toilet repair work in a manner that D bears the relevant construction cost.

H. The Plaintiff.

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