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1. The defendant shall pay KRW 95,920 to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. Basic facts
A. On May 18, 2009, the Plaintiff and the Defendant concluded a lease agreement on three floors among the building of Ulsan-gu C4 (hereinafter “instant building”) in which the Defendant owned shares of 1/2.
Since then, the Plaintiff operated the Gowon on the third floor of the instant building (hereinafter referred to as the “Public Notice Board”).
B. On May 20, 2014, the Plaintiff and the Defendant renewed the lease agreement (hereinafter “instant lease agreement”) with the terms of KRW 20,000,000, the lease term of KRW 24 months, the monthly rent of KRW 1,200,00 (Additional Tax Table), and the monthly rent of KRW 20,000 (Advance payment) on May 20, 201.
C. Meanwhile, the Plaintiff did not pay the Defendant KRW 406,00 for the cost of fire-fighting construction on August 2015, and KRW 16,830 for the environmental improvement cost on September 2015.
After selling the instant building to D on August 31, 2015, the Defendant completed the registration of ownership transfer for the entire shares of the instant building, including the shares owned by the Defendant, on November 4, 2015.
[Reasons for Recognition] Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 5-1, Eul evidence 9, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the Defendant illegally leased on the second floor of the instant building without soundproofing devices, and due to the noise, the Plaintiff’s students left away collectively.
In addition, after the termination of the lease with the singing store, the Defendant leased a restaurant to the Plaintiff, thereby causing damages to the students and the Plaintiff, who operated the Plaintiff due to food smell and malodor.
In addition, the Defendant did not properly manage the building of this case and caused damages to the Plaintiff, such as malodor caused by water leakage, etc. of the outer wall, damage caused by electric shock accident, damage to interior, etc., and damage to interior, malodor, and scenic damage, etc., which led to the Plaintiff’s failure to conclude a contract with the customer who leased the notified source of this case.
On the other hand, the plaintiff is the Notification Board of this case.