(영문) 서울고등법원 2018.01.31 2017재나20074

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(영문) 서울고등법원 2018.01.31 2017재나20074

손해배상(기)

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1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts are apparent in the records of the judgment subject to a retrial:

1) The Seoul Jongno-gu Seoul and J Ground Buildings (hereinafter “instant buildings”)

(2) On December 15, 2008, the Plaintiff leased part of the first floor of the instant building (hereinafter “instant store”) from co-owners of the instant building, including the Defendant, etc., as the heir of the network H, from the co-owners of the instant building (hereinafter “instant store”).

3) On April 19, 201, the Defendant: (a) notified the Plaintiff of the termination of the lease agreement on the ground that the Plaintiff was not paid six months after October 201; and (b) filed a lawsuit against the Plaintiff seeking the delivery, etc. of the instant store. On January 25, 2013, the Defendant received the judgment that “the Plaintiff shall deliver the instant store to the Defendant and pay the amount of unjust enrichment equivalent to the rent by the date on which delivery is completed; (c) the said judgment became final and conclusive on February 20, 2013; and (d) the Defendant received the instant store from the Plaintiff by compulsory execution on March 18, 2013.

However, the Plaintiff set up a display stand (hereinafter “instant display stand”) in front of the entrance of the instant store, and he stockpiled the original team, etc.

5) The Defendant is interfering with the Plaintiff’s lease and the business of a new lessee, and thus, requested the Plaintiff to transfer the goods accumulated in front of the instant store, such as the display stand, but refused it. On January 12, 2014, the Plaintiff transferred the Plaintiff’s goods, such as the display stand and the synthetic leather unit to the rooftop warehouse of the instant building. (B) On January 12, 2014, the Plaintiff’s filing and the result of the Plaintiff’s filing and the Plaintiff’s filing and the Plaintiff’s filing of the lawsuit were damaged without the Plaintiff’s permission by 11,30,000 won at the market price, such as the display stand, raw phone, external account book, telephone number list, 30,000 won, which is owned by the Plaintiff, and thus, the Plaintiff lost the income of 22,688,250 won as it was impossible for the Plaintiff to conduct its business.

In addition, the plaintiff is consolation money of KRW 30 million for mental damage.

유사 판례

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