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(영문) 인천지방법원 부천지원 2018.03.21 2017가단105281
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 11, 2009, the Plaintiff’s summary of the Plaintiff’s assertion: (a) leased a singing practice room located in Bupyeong-si C and II from the Defendant; (b) paid KRW 56,200,00 to Nonparty E, a lessee, for the premium of KRW 56,20,00; (c) without the Plaintiff’s consent, caused losses to the Plaintiff’s business by removing part of lighting facilities and signboards of the singing practice room without the Plaintiff’s consent; and (d) accordingly, the Plaintiff was unable to receive the premium from the new acquirer of the singing practice room; and (b) accordingly, (c) the Plaintiff sought compensation for damages equivalent to KRW 56,200,000 for the premium paid by the Plaintiff to the said E due to

2. The facts that the defendant removed lighting facilities installed with fixed devices on the front floor of the entrance of the building around 2016, from the entrance of the first floor of the building to the second floor D 2nd singing practice room, using wood on the wall of the stairs, are not in dispute between the parties, but in full view of the whole purport of the pleadings in the evidence Nos. 3 and 4, it can be acknowledged that the plaintiff consented to the removal. Thus, the removal of lighting facilities by the defendant cannot be deemed illegal.

Therefore, the plaintiff's claim is without merit without examining the scope of damages.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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