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(영문) 서울고등법원 2015.10.08 2015나2012428
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff is granted the Plaintiff’s license to operate a franchise store with the trade name of “D” from “D,” and on September 5, 201, from “I” to “F building in the Nam-gu Incheon Metropolitan City” (hereinafter “instant building”).

3) The reading room in the name of “G” on the 3rd floor (hereinafter “instant reading room”).

(2) Since November 9, 201, Defendant B had operated the Taekwondo Chapter (hereinafter “the Taekwondo Chapter”) with the trade name “H” on the fourth floor of the instant building from around November 9, 201 to around September 4, 201, after concluding a lease agreement with the term of KRW 20 million, monthly rent of KRW 2.5 million, and the term of lease from September 5, 201 to September 4, 2016.

B. (1) Defendant B’s performance of noise generation and soundproofing construction works, etc. (hereinafter “existing soundproof construction”) via K, which, around September 30, 201, is engaged in interior fishing with the Plaintiff’s resistance and the name of “J” that noise would occur in the instant Taekwondo ground, Defendant B’s primary soundproof construction works around September 30, 201, the second soundproof construction works around January 31, 201, and the third soundproof construction works around March 31, 2012 (hereinafter “existing soundproof construction works”).

2) After that, Defendant B agreed with the representative of the reading center headquarters E and the owner of the instant building I to perform the fourth soundproofing construction work.

3) On April 16, 2012, Defendant B entered into a soundproofing construction contract with M engaged in interior fishing under the trade name “L”. Accordingly, M is a construction work installing soundproofing facilities on the instant Taekwondo ground floor (hereinafter “instant construction work”).

[Reasons for Recognition] A. (Evidence No. 1, 2, 6, 8, 11), A. (Evidence No. 1, 2, 4, 8, 9, 16 (including each number, if any, hereinafter the same shall apply)

each entry, the testimony of the witness I of the party, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The Defendants are the Defendants around November 9, 201.

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