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(영문) 수원지방법원 2021.01.28 2020나5157
손해배상
Text

The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The purport of the judgment of the court of first instance is to file a claim.

Reasons

1. The basic facts of the claim: ① Defendant B is a person operating a mutual public notice board of “E”, which is an accommodation in Suwon-si, Suwon-si; Defendant C, his mother, has tried to operate the said public notice board by cleaning the said public notice board; ② the Plaintiff leased F from Defendant B the said public notice board, and the term of the lease was from July 30, 2019 to August 29, 2019; Defendant B demanded the Plaintiff to rent KRW 300,000 per month ( Defendant B demanded that the Plaintiff be the rent of KRW 300,000 per month, but the agreement was reached as above at the Plaintiff’s request that there was no money; ③ the Defendants paid the said KRW 140,000 per month to Defendant B on the same day; ③ the Defendants did not visit the said public notice board on August 29, 2019, which is the end of the said term of the above public notice board; and the Defendants did not leave the said public notice board to the Defendant’s food waste.

I think, the fact that the above goods (waste) were disposed of (the plaintiff was not in the above heading room at the time, the defendants did not have any way to contact the plaintiff without mobile phone, and there was no request from the plaintiff to extend the term of the lease before that time). ④ On August 30, 2019, the plaintiff requested the defendants on the phone (which appears to have been used for public telephone) from August 30, 2019, that "if it is difficult for the plaintiff to lease the above heading room more than one month, but it is difficult for the plaintiff to rent the above heading room without compensation, it is difficult for the plaintiff to do so," but the defendants' refusal to do so is not in dispute between the parties, or can be acknowledged by comprehensively taking into account the respective descriptions of the evidence Nos. 1 and 2 (including the evidence No. 2) and the whole purport of pleadings.

2. The judgment on the Plaintiff’s claim (1) is based on the Plaintiff’s own check owned by the Plaintiff on August 29, 2019, 2.4 million won, cash 200,000 won, and 5,000 won.

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