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(영문) 서울서부지방법원 2016.05.20 2015나37904
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 6,870.

Reasons

1. Basic facts

A. On May 4, 2011, the Plaintiff leased and operated a Chinese restaurant by setting the deposit amount of KRW 50 million, monthly rent of KRW 9.5 million, and the lease term from May 4, 201 to July 201, for the second floor store of Jongno-gu Seoul Building (hereinafter “instant building”) (hereinafter “instant store”).

B. On January 27, 2012, the Defendant purchased the instant building through a public auction procedure, and the same year.

4. Around 13.1, the Plaintiff requested the Plaintiff to order the instant store to implement the remodeling construction of the instant building.

C. The Plaintiff requested the Defendant to cooperate as much as possible with remodeling construction, and continued to operate a Chinese restaurant at the instant store. Around July 2012, the Plaintiff entered into a lease agreement with the Defendant on the instant store with a deposit of KRW 100 million, monthly rent of KRW 17 million, and the term of lease from March 15, 2012 to March 14, 2015.

On the outer wall and the entrance of the second floor of the building in this case, the Plaintiff installed 10 lighting signboards (hereinafter “instant signboards”) on the front side signboard, 2nd side signboard, 3rd side signboard, 5 front side signboard, 6 front side signboard, 7 front side signboard, 7 front side signboard, 10 lighting lamps. The Defendant, around May 2012, ordered the Defendant construction business operator to remove all installed materials (hereinafter “instant signboards”) excluding 7 front side signboard from among 10 lighting lamps.

E. The Defendant’s construction business operator removed the instant signboards in accordance with the Defendant’s direction and set up them in the underground parking lot of the instant building, and continuously moved the instant signboards in the process of remodeling the instant building, and lost the instant signboards at a temporary and unspecified place while keeping them in custody.

F. The manufacturing costs of the instant signboards are ① KRW 5,350,000,000,000.

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