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(영문) 대구지방법원 2021.01.13 2019나8366
손해배상(기)
Text

Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The parties' assertion

A. The Plaintiff registered as a business operator on July 16, 2018, and thereafter, from August 2, 2018, in Daegu Dong-gu, Daegu-gu to “D”, the sales agency business of goods (sale, auction, etc. of household goods, books, art works, etc.) was conducted (hereinafter “Plaintiff auction place”). The Defendant left the Plaintiff’s auction place for the Plaintiff’s livestock (mecine, sheep, mos, etc.), neglecting the body of livestock (meat, mos, mos, etc.) without permission, left the Plaintiff’s livestock at the auction place, left the Plaintiff’s body, and took meals provided at the auction place and at the auction place without permission, and interfered with the Plaintiff auction place business at least ten times for three months, such as the Plaintiff’s desire for the customers of the auction place, return to the auction site with his/her clothes.

In addition, the Defendant did not pay money to the Plaintiff even after receiving light money with the intent to make the Plaintiff drink, thereby causing damage to the Plaintiff. The Defendant set a long-term parking at the center of the customer parking lot at the Plaintiff auction site, and obstructed the Plaintiff’s auction site business by stockpiling waste at the entrance of the auction site.

The plaintiff reported the closure of the business as of September 30, 2018 and closed the auction house on November 15, 2018.

The Plaintiff closed an auction house due to the business obstruction of the Defendant, thereby becoming KRW 9 million equivalent to the rent for the remaining lease period of the above auction house, as from December 2018 to July 31, 2020, the lease contract expires, or KRW 12 million as from July 31, 2020, or KRW 9 million by an agreement with the lessor for the reduction of five months.

c) argument:

Plaintiff

The plaintiff asserts that from December 2018 to September 2019, the management expenses of KRW 4 million paid to E for the management of the auction site is KRW 10 million and KRW 4 million until September 2019 when the management of the auction site is completed;

A total of KRW 1,350,000,000, including cleaning expenses, was damaged by the defendant, and the defendant has a duty to compensate the plaintiff for the above damages.

B. The defendant is the plaintiff.

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