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(영문) 서울중앙지방법원 2015.08.18 2014나41345
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. (1) The 1st floor of the instant shopping mall is not registered by each store, and the entire building is jointly owned by shares. The F is not registered by each store, and the 1st floor of the instant shopping mall is jointly owned by each share.

9.54/542.05 Shares, C is co-owners of the same floor 13.74/542.05 shares.

(2) On December 19, 201, the Plaintiff entered into an agreement with F and C on the lease of 9.54 square meters and 13.74 square meters, which are disadvantageous to the store 10 among the 1st floor of the instant commercial building, with the following table (hereinafter “each of the instant lease agreements,” and collectively referred to as “each of the instant stores”).

The monthly rent of 10,00,000 won 550,000 won from December 25, 2011 to December 11, 2013, the store C 10,000,000 won from December 25, 2013 to December 25, 2013, and the Defendant is a company established by the management body of D-based buildings (hereinafter referred to as “instant commercial buildings”) located in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter referred to as “instant commercial buildings”). The Defendant is responsible for the management of the instant commercial buildings.

B. (1) On December 21, 201, the Plaintiff completed a report on food service business covering each of the instant stores in the name of “G” to the head of Sungnam-si Branch Office, and completed business registration to run a resting restaurant business on the same day.

(2) On December 26, 2011, the Plaintiff consented to the construction of “electric, water, finishing materials on the outer wall, and front entrance” at each of the instant stores from 17 persons among the owners of the stores of the 1st floor stores of the instant commercial building.

(3) The Plaintiff was signed on January 12, 2012 on the written consent. (3) The Plaintiff was again signed on the written consent containing the following: (a) six of the owners of the business signed as above; and (b) “inwardly, in favor of internal strike”.

(4) On January 21, 2012, the Plaintiff contracted each of the instant stores’ interior works at KRW 18,000,000, and paid KRW 7,920,000 in advance.

(b) contract;

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