(영문) 서울북부지방법원 2015.01.15 2014가단110812

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(영문) 서울북부지방법원 2015.01.15 2014가단110812

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2010, the Plaintiff entered into a lease contract with the part of the first floor (hereinafter “instant real estate”) among the instant land neighborhood living facilities owned by the Defendant (hereinafter “instant building”) by setting the lease deposit of KRW 50 million, monthly rent of KRW 2.2 million, and the lease period from April 20, 2010 to April 29, 2012 (hereinafter “instant lease contract”), and operated a restaurant (hereinafter “instant store”) with the trade name “D” from the instant real estate.

B. From September 201 to January 2012, the Defendant: (a) performed a construction project to replace the outer wall of the instant building with a substitute stone; and (b) to remodel 3 and 4 floors used as a second floor of stairs repair project and a house into the studio of eight household units (hereinafter “instant construction”); and (c) in relation to the instant construction project, the Defendant reduced the Plaintiff’s KRW 110,000 out of the monthly rent for October 201.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the defendant, while deceiving the plaintiff and carrying out the construction of the leased building for a period of four months, caused dust by neglecting various construction materials, such as sand, and construction wastes in front of the defendant's restaurant, and caused interference to the use of the restaurant customers' parking lots due to construction vehicles. The plaintiff arbitrarily removed three large restaurant signboards manufactured and installed in approximately five million won and neglected them during the construction period. This interfered with the plaintiff's restaurant business as a lessee by constructing the building of this case for a long time as a lessor, which violates the duty of the lessor to use the leased object and maintain it in a state necessary for profit.

From September 2010 to January 201 (before January 201), the period is from September 201 to January 201 (from January 9, 201).

유사 판례

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