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(영문) 창원지방법원 2015.05.07 2014가합4996
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Defendants, at the time of the instant lease agreement, shared 1/2 shares of each 1/2 share in respect of the building on the 5th floor of reinforced concrete structure and brick sloping roof in Kimhae-si at the time of the instant lease agreement, and the Plaintiff, on October 14, 2013, leased from the Defendants the part of 330 square meters of the 1st floor of the instant building from the 494.64 square meters (hereinafter “instant building”) of the lease deposit KRW 1.5 million, monthly rent of KRW 7 million, monthly management fee of KRW 300,000,000, monthly management fee of KRW 300,000,000 from October 14, 2013 to sixty months, is recognized if there is no dispute between the parties, or if the purport of the entire pleadings is added to the items in the evidence No. 1 and evidence No. 6-2.

2. The Plaintiff asserted that the instant building operated the cafeteria “E” restaurant, but the Defendants failed to repair the instant building despite water leakage on the main part of the instant building; ② was unable to use the underground parking lot of the instant building that was intended to be used at the time of the instant lease agreement since 8:00 p.m.; ③ was allowed to remove the outer wall bulletin board installed by the Plaintiff; ④ obstructed the Plaintiff from exercising public relations events, such as events, marketing, etc.; ⑤ obstructed the Plaintiff’s business continuously and infringed the Plaintiff’s right to use and profit from the instant building by failing to disclose the details imposing management fees.

As a result, the Plaintiff sustained a total of KRW 450,00,000,000,000 for repair costs of water leakage, KRW 100,000 for 10 months, KRW 300,00 for business losses, and KRW 550,000 for damages to the Plaintiff’s mental suffering due to the aforementioned acts by the Defendants, and thus, sought a joint payment.

3. Determination

A. The fact that part of the claim for damages caused by water leakage of the building of this case was not disputed between the parties, or that part of the building of this case was owned by Gap evidence No. 2 added the purport of the entire pleadings, but in full view of the purport of Eul evidence No. 7, Kim Jong-si, including the building of this case, the whole purport of the pleadings is acknowledged.

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