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(영문) 서울중앙지방법원 2014.07.15 2013가단3185
손해배상(기)
Text

1. The Defendant’s KRW 14,806,128 as well as the Plaintiff’s annual rate of 5% from January 18, 2013 to July 15, 2014.

Reasons

1. Basic facts

A. Nonparty C owns 6.35/542.05 shares of 6.35/542.05 shares among the 1st floor of the building in Seongbuk-gu, Sungnam-si (hereinafter “instant commercial building”); Nonparty F owns 9.54/542.05 shares of the instant commercial building.

(The instant commercial building is owned by many sectional owners in addition to the above Nonparty). The monthly rent of 10,000 won of 5,000 won of 10,000 won of 10,000 won of 5,000 won of 10,000 won of 10,000 won of 25,000 won of 25,000 won of 31,00 won of 11,00 won of 25, 2011 to 25, 2013.

On December 19, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty C and F on the instant shop Nos. 10 and 11 (hereinafter “instant store”) corresponding to each of the said Nonparty’s respective shares with the intent to operate a coffee shop, and paid the lease deposit to Nonparty C and F on the same day.

C. On December 21, 201, the Plaintiff completed a report on food service business covering the instant store as the place of business in the name of “G” to the head of Sung-nam District Office, and completed business registration to run a resting restaurant on the same day.

Under the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body that performs the maintenance and management of the common areas of the E-building with the instant store (the Defendant’s representative director shall be the manager of the said building according to the Defendant’s articles of incorporation), and Nonparty H is the Defendant’s employee.

[Judgment of the court below] Facts without dispute, Gap 1, 3, 4, and 11, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. A. Around December 26, 2011, the Plaintiff is the proprietor of 17 stores among the stores located in the instant commercial building (i.e., the store store is leased and operated).

hereinafter the same shall apply.

From this point, the construction of electricity, water supply, finishing materials of outer walls, front entrances, etc. is required.

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