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1. The plaintiff's claims against the defendants are all dismissed.
2. All the costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Although the Defendants asserted by the Plaintiff agreed to prevent noise between the Plaintiff and to prevent damage to the reading room operated by the Plaintiff, by operating the Taekwondo hall without a license construction business operator without any soundproofing construction work, thereby causing damage to the Plaintiff due to a sudden reduction of the number of members of the said reading room. The specific amount of damage is KRW 6,00,000 per month from November 9, 201 to January 9, 2013; the business loss of KRW 2,50,000 per month; the monthly rent of KRW 13,00,000 per month; and the management expenses of KRW 1,00,000 per month.
Therefore, the Defendants shall compensate the Plaintiff for the said damages.
2. Determination
(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 8, 11, and Eul evidence Nos. 1, 2, 3, and 6 (including each number), and the purport of the whole arguments.
(1) The Plaintiff is a person who, from September 5, 201, received a franchise license from E running a franchise business in the trade name of “D” and operated a mutual reading room of “G” (hereinafter “instant reading room”) on the third floor of the building in Nam-gu Incheon Metropolitan City (hereinafter “instant building”) from around September 5, 201. Defendant B is a person who, from November 9, 201, operated the instant Taekwondo hall (hereinafter “instant Taekwondo hall”) with the trade name of “H” on the fourth floor of the instant building.
(2) On September 5, 201, the Plaintiff: (a) separately paid the instant reading room KRW 20,00,000 for lease deposit; (b) from September 5, 2011 to September 4, 2016; (c) monthly rent of KRW 2,300,00 for management expenses; and (d) separately paid the deposit amount of KRW 2,50,000 for monthly rent for 24 months.
(3) When Defendant B received a claim from the Plaintiff that noise would occur in the instant Taekwondo ground, Defendant B’s primary soundproof construction work around September 30, 201, and around January 31, 2012, via K, engaging in artificial fishery under the trade name of “J”.