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(영문) 창원지방법원 2019.10.24 2018나62673
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The plaintiffs' assertion 1) 30 million won out of the deposit amount of 40 million won under the lease contract of this case as of December 2017 and 1/2018. The remaining 10 million won was returned to the plaintiffs by deducting 1/2,000 won from the rent of 60 million won in December 2017, and 200,000 won was reduced to 300 million won in December 2017 and 300,000 won in February 1, 2018. Since L acquired 1/20 shares out of the building of this case on November 28, 2017, the defendant should return the above 300,000 won in excess of the above increase of 1/300,000 won in the lease contract of this case to 300,000 won in total, 300,000 won in the lease contract of this case.

Although the Defendant agreed to provide business guarantee until August 15, 2019 under the instant lease agreement, the Plaintiffs sold the instant building to L and M, thereby causing losses to the Plaintiffs who were unable to perform funeral services in the instant building from April 1, 2018 to August 15, 2019, and the Plaintiffs suffered losses from annual sales of the instant building from KRW 105,810,225, the monthly sales of the instant building at KRW 10,000,000,000,000, which is 10% of the sales of the said building. As such, the Defendant received KRW 17,000,000,000 from the Plaintiffs.

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