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(영문) 인천지방법원 2020.12.03 2018가단228850

손해배상(기)

Text

The defendant shall pay to the plaintiff KRW 22,95,090 as well as 5% per annum from February 3, 2018 to December 3, 2020 and the next day.

Reasons

1. Facts of recognition;

A. On November 6, 2017, the Plaintiff leased and used 30 square meters (hereinafter “instant store”) among the buildings owned by the Defendant, which are the 1st basement in Bupyeong-gu, Incheon and the 4th floor above the ground (hereinafter “instant building”). The Plaintiff and the Defendant entered into a lease agreement with the Defendant to lease the instant store from the Defendant for a period of KRW 30,000,000, monthly rent, KRW 2,600,000, and the period of KRW 2,60,000 from November 15, 2017 to August 9, 2018 (hereinafter “instant lease agreement”).

B. On October 25, 2016, E Co., Ltd. (hereinafter “Nonindicted Company”) leased and used three floors of the instant building (hereinafter “three-story store”) from the Defendant to November 9, 2018 by setting the lease deposit amount of KRW 20,00,000, monthly rent of KRW 2,200,000, and the period from November 10, 2016 to November 2018. On March 6, 2017, the Plaintiff sublet a part of the three-story store from Nonparty Company to use it as a place of business from March 20, 2017.

C. The sewerage pipes in the sugar room and toilet floor among the three-story stores are connected to the ceiling of the instant store with the second floor in the form of “bb”.

However, on February 2, 2018, the water flow from the sewerage pipeline connected to the third floor of a toilet, and water flown into the third floor toilet and corridor, and water flown out on February 2, 2018.

(hereinafter “instant accident”). D.

On the day of the instant accident, the Defendant requested F to repair water leakage to F, who is engaged in the pipe repair business, etc., and F cleaned waste which was obstructed by drilling the ceiling of the instant store and drilling the pipe into the pipe of PVC pipes.

E. The NAT goods and other fixtures that were kept in custody in the store of this case due to garbage, etc. flowing into the store of this case.

This is contaminated, and the amount equivalent to the price of the goods is 43,218,700 won in total.

F. The Defendant on February 19, 2018