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(영문) 대구지방법원 김천지원 2018.11.08 2016가단34317

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates an entertainment drinking house (hereinafter “C”) of “C” on the 1st and second basements of the Gu and Si-si Building (hereinafter “instant building”). The Defendant is an affiliated agency to install a water supply and sewerage business office and install and manage water supply facilities.

B. On October 22, 2016, around 21:30, water flows out from the 2nd underground floor, studio, and the tent of the toilet. From around 23:00 on the same day, water flows out from the wall of the 2nd underground floor, and water flows out in the atmosphere of the 1st underground floor.

C. In connection with water-supply valves and water-supply pipes located adjacent to the instant building, some of the Y was planted and water leakage occurred (hereinafter “water leakage in this case”). The area where water leakage occurred is the following photographs (hereinafter “water-supply photographs of water-supply facilities”).

The Plaintiff discovered water in the water supply pipes in Mandole and contacted the water supply and sewerage business offices in the Gu and the Gu, and on October 23, 2016, the D Co., Ltd., the designated entity for the recovery of water leakage, accepted water leakage level at the site.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and 3, Gap evidence 5 through 13 (including each number; hereinafter the same shall apply), Eul evidence 10, Eul's testimony, appraiser E's appraisal result, appraiser F's appraisal result, the purport of the whole pleadings

2. The Plaintiff’s assertion that the water leakage of this case occurred due to the wave of the water supply center, which is a public structure installed and managed by the Defendant, and among water supply centers, there was water leakage in the part managed by the Defendant, and thus, the Defendant is liable to pay the Plaintiff the amount of KRW 69 million for damages, such as the repair cost incurred by the water leakage of this

3. Determination feet, Gap evidence 13, 17, Eul evidence 1 and 3, Gap evidence 18, Eul evidence 10, Eul witness E's testimony.