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(영문) 서울중앙지방법원 2016.09.08 2015가단120718
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the actual lessee of the store No. 154, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul (hereinafter “instant store”); Defendant B is the merchants of the D market; and Defendant C is the managing director.

B. The Plaintiff entered into a lease agreement on May 26, 2008 with respect to the instant store in the D market where E (F) is entrusted by the Seoul Special Metropolitan City under Article 27 of the Public Property and Commodity Management Act and its Enforcement Decree on May 26, 2008 under the name of E (F) as his/her father, and entered into a lease agreement by setting the lease period for five years (hereinafter “instant lease agreement”) and selling clothes, special products, horse-riding products, etc. at the same time, and then, again entered into a lease agreement with the 00 company, the trustee company as the changed trustee company on May 26, 2013, when the period expires.

C. On May 13, 2014, the name of the Plaintiff was transferred to the next passage after the cancellation of packaging of the deceased’s saves and diskettes, etc. packed in front of the instant store between the Plaintiff and the Plaintiff’s absence.

(hereinafter referred to as “the first reorganization”). D. June 20, 2014, Defendant B, etc. had the employees of the management office, including Defendant C, assigned the Plaintiff’s goods stored in the official space (gate) other than the instant store to a different place from the cargo vehicle (hereinafter “the second reorganization”). 【The grounds for recognition】 Each entry in the evidence Nos. 1, 4, and 5 through 8, and the purport of the entire pleadings.

2. Judgment on the grounds of the claim (main and conjunctive claims)

A. The Plaintiff’s assertion (1) was impossible to carry out funeral services due to food smells and heat, etc. that the Plaintiff did not have adequate ventilation facilities at the time of moving into the instant store, due to the Plaintiff’s failure to have properly equipped with the said facilities.

Therefore, although the defendants were requested to correct several times, no measure was taken, so the plaintiff had no choice but to perform funeral services since he went out of the store of this case.

(2) thereafter.

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