1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. The reasoning for the court’s explanation concerning this part of the basic facts is as stated in the part “1. Basic Facts” from the second to fourth to the fourth fourth of the judgment of the court of first instance. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant alleged that he violated his duty to restrict the category of business and caused D to lease No. 412 of the commercial building of this case to D for the use of Taekwondo place and caused D to conduct the Taekwondo place business.

As a result, the plaintiff, who was engaged in Taekwondo ground business in 302 of the shopping mall building of this case, suffered economic and mental damage, such as decrease in the number of private teaching institute students, etc.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 97,170,000 (the sum of the monthly rents that the Defendant received from D to the date of the decision of provisional disposition in this case) and damages for delay, as compensation for mental damages suffered by the Plaintiff due to the above tort.

3. Determination

A. In calculating consolation money for the relevant legal principles, the amount shall be determined by taking into account the various circumstances between the victim and the perpetrator. As such, whether the victim is entitled to compensation for damages caused by the pertinent accident and the reasons such as whether the amount of compensation is also considered as well as the calculation of consolation money for the damages caused by the pertinent accident. In particular, if it is impossible to determine the amount of compensation due to the impossibility of proof, etc., even though the occurrence of property damages is recognized, such circumstances can be considered as the ground for increase in consolation money. However, such complementary function of consolation money is recognized as the occurrence of property damages, but it is impossible to determine the amount of compensation, thereby making it impossible to recover the amount of compensation, and thereby making it impossible to recover the amount of compensation, the amount of consolation money shall be increased to a certain extent.