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(영문) 수원지방법원 2017.06.27 2016나73535
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The plaintiff is a person operating a restaurant under subparagraph 203 of D 2nd floor, which is an aggregate building in lots other than Suwon-gu, Suwon-si. The defendant is a person who acquired the ownership of the third floor among the above aggregate buildings on May 19, 2004, and there is no dispute between the parties.

2. The plaintiff asserts that the plaintiff is obligated to pay the total amount of KRW 9 million (2 million for medical treatment expenses, KRW 3 million for business suspension expenses, KRW 3 million for consolation money, and KRW 10 million for business suspension expenses from July 2, 2015 to November 30, 2015, among KRW 6 million for business losses from July 2, 2015 to KRW 5 million for business losses from July 30, 2015 to KRW 5 million for repair expenses of the building owned by the defendant.

3. On July 29, 2015, the Defendant’s prior defense and its determination on the Defendant’s merits: (a) the Plaintiff received KRW 3 million from the Defendant and paid KRW 2 million out of them to the Plaintiff as compensation for losses (business losses and subsequent disability) caused by water leakage; (b) the remainder of KRW 1 million is to be paid as construction expenses; and (c) the Plaintiff agreed not to raise any civil or criminal objection against it; (d) the Plaintiff received KRW 2 million in accordance with the above agreement and completed the construction in water; and therefore, (e) the Plaintiff received KRW 2 million and completed the construction in water, thereby having no interest in the Plaintiff’s lawsuit.

In general, the interpretation of procedural acts, unlike the legal acts under substantive law, cannot be interpreted in conflict with or contradictory to the contents indicated by thoroughly indicating and externalism (see, e.g., Supreme Court en banc Decision 83Meu1981, Feb. 28, 1984). A written agreement (No. 1) drawn up regarding the above agreement is formally between the Plaintiff and E.

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