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(영문) 서울동부지방법원 2016.11.03 2015가합110865

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 24, 2010, the Plaintiff: (a) leased the Songpa-gu Seoul Building (hereinafter referred to as “Cbuilding”) with a deposit of KRW 40 million; (b) monthly rent of KRW 3.2 million; (c) from March 1, 2010 to February 29, 2012; (d) extended the lease period from February 29, 2012 to KRW 3.5 million; and (e) renewed the lease agreement from March 1, 2012 to February 29, 2014; and (e) renewed the lease agreement from February 26, 2014 to February 29, 2014.

The Plaintiff operated a scam room in the remaining spaces (hereinafter “instant store”) except for the warehouse portion equivalent to approximately four square meters among the above underground floors (hereinafter “instant warehouse”). The instant warehouse continued to be used by the Defendant even after the lease agreement of this case.

B. On May 26, 2015, the Plaintiff operated a scam room at the instant store, resulting in water leakage due to the breakdown of the first floor septic tank in the C building, and the wastewater was discharged into the instant store.

(hereinafter referred to as “instant accident”). C.

On the same day, the Defendant entered into a service contract for the collection and treatment of excreta with the Preferred Environment Co., Ltd., and prevented the leakage of sewage by cleaning the aforesaid septic tank, completed the repair of the septic tank on the 27th of the same month, and entrusted the business entity specialized in smell removal to perform the smell removal work of the instant store on June 11, 2015, and exempted the Defendant from the monthly rent of the instant store between June 2015.

The Plaintiff cleaned the instant store contaminated by the inflow of sewage.

[Ground of recognition] Facts without dispute, Gap evidence 1, 10, 11, Eul evidence 3, 4, and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff suffered losses as follows due to the accident of this case, which the plaintiff suffered from the following losses.