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(영문) 부산지방법원 2018.10.04 2017가단330241
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 22, 2016, the Plaintiff leased and used the lease deposit amount of KRW 30 million,00,000,000 per month from January 25, 2017 to January 24, 2019, the Plaintiff was issued an explanatory note verifying the object of brokerage from E Co., Ltd., which arranged the lease contract.

[Ground for Recognition: Facts without dispute, Evidence A Nos. 1 and 2]

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that he/she is engaged in photo and picture collection work. On April 17, 2017 and September 2, 2017, the Plaintiff suffered damage of KRW 1,613,210, such as digital camera and electronic equipment, and KRW 23,400,000,000 due to the destruction of the contract, which was impossible to produce the motion pictures and news, and KRW 100,000,000,000,000,000 as construction expenses to repair water.

Since the Defendant, as a lessor, failed to perform its duty to maintain and repair the leased object by repairing defects, such as water leakages, etc. generated in the instant real estate, thereby incurring damages to the Plaintiff, the Defendant is obligated to pay KRW 100 million and damages for delay.

B. On the sole basis of the evidence Nos. 3 through 10, the Defendant did not perform its duty to maintain and repair the instant real estate as a lessor.

In full view of the purport of the entire pleadings in the evidence Nos. 1 through 11, the Defendant’s performance of repair and waterproof construction work at the time when the Plaintiff’s assertion occurred, is insufficient to recognize that the damage claimed by the Plaintiff occurred, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s assertion is difficult to accept.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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