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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
- Defendant C owns, in the name of his spouse D, E-2 commercial building No. 207, and Defendant B owns the above 208 commercial building.
- On November 14, 2013, the Plaintiff leased the said shopping mall No. 208 from Defendant B as the condition of KRW 20,000,000, monthly rent of KRW 1,800,000. On November 19, 2013, the Plaintiff leased the said shopping mall No. 207 from Defendant C as the condition of KRW 5,000,000, monthly rent of KRW 900,000, and operated the said shopping mall No. 207 and 208 of the said shopping mall (hereinafter “instant store”) around January 2014.
[Based on recognition, the defendants' claims for the purport of Gap evidence 2-1, 2, 3, Gap evidence Nos. 4, 6, Eul evidence Nos. 4, 6, Eul evidence Nos. 1 and 2, witness F, G's testimony, and the purport of the whole pleadings are as follows: the defendants changed the locks password of the store of this case and suspended the plaintiff's use of and profit from the store of this case without following legitimate procedures, such as changing the locks, replacing the locks, etc., and thereafter leased the store of this case to H and I.
As above, the Defendants committed a tort that practically deprived of the Plaintiff’s status as lessee to the instant store, and accordingly, the Plaintiff suffered damages equivalent to KRW 120,000,000, which could have been gained when the Plaintiff normally transferred the instant store. Therefore, the Plaintiff seek payment of KRW 100,000 against the Defendants as a partial claim, as a partial claim.
Judgment
In full view of the following facts: (a) evidence Nos. 4, (b) evidence Nos. 6 and 7 of the Defendants’ tort; and (b) evidence Nos. 6 and 7 of the witness J, I, and G’s testimony, the Defendants arbitrarily change the password of the locks corrected in the instant store on May 27, 2016 on the grounds that the Plaintiff was delinquent in the monthly rent and management expenses of the instant store; and (c) locks of the instant store on June 2, 2016.