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(영문) 창원지방법원 2020.10.29 2019나56156
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On November 2, 2013, the Plaintiff leased a deposit of KRW 15,00,000 per deposit, KRW 1,000,000 per month for management expenses (electric charges are separately borne by the lessee), and until January 6, 2014 (two months) for the term of lease, from the Defendant, the Plaintiff set up a deposit of KRW 15,00,000,000 per annum of the C building D, E, and rooftop (hereinafter referred to as “D shop, E,” and “househouse, etc.” in a lump sum.

[hereinafter] The Plaintiff: (a) operated a store with a trade name “F” in subparagraph (D) and E commercial premises from the time of the contract; and (b) resided in the said rooftop.

B. Even after the expiration of the above term of lease, the Plaintiff occupied the instant commercial building, etc., and did not reside in the instant commercial building, etc. as Kimhae-si, and did not pay management expenses and electricity charges, except for the management expenses and electricity charges for the first two months after the conclusion of the instant lease contract.

The management expenses and electricity fees in arrears of the Plaintiff were 47,525,375 won in total as of March 9, 2018.

C. Around August 2015, an accident occurred in which water tanks, located on the rooftop of a building C, have crepans of water tanks, thereby crepansing some water tanks.

On September 2015, the Plaintiff discovered such a rooftop and notified the Defendant of the fact. The Plaintiff and the Defendant agreed on a part of the compensation for damages caused by leakage of water, but did not pay compensation.

On September 2016, the Defendant leased No. D shop to G (H before the opening of the name), and G was transferred from the Defendant and continued the interior work.

The Plaintiff filed a complaint with the Defendant representative director for a building intrusion, aiding and abetting the Plaintiff’s property and aiding and abetting the Plaintiff’s representative director. However, the prosecutor in charge of the Suwon District Prosecutors’ Office (J on December 20, 2016, the lessee, etc.), taking full account of the statement by the Director of the Management Office, the lessee, etc., in advance.

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