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(영문) 서울북부지방법원 2018.02.27 2016가단43138

손해배상(기)

Text

1. The Defendant’s KRW 12,43,600 as well as 5% per annum from December 27, 2016 to February 27, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a mid-to-date store in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant commercial building”) No. 161 (hereinafter “Plaintiff’s store”). From August 2005, the Defendant is a person who leased No. 263-268 of the instant commercial building from August 2005 to operated a crigate.

B. The Defendant did not use sewage pipes originally installed (hereinafter “original pipes”) and installed separate sewage pipes (hereinafter “additional pipes”) as shown in the separate sheet, without using the sewage pipes installed at the clock bank. At the time, the Defendant connected the additional pipes with the second floor 269 of the instant commercial building, which was used as clock bank (hereinafter “public room stores”).

C. Meanwhile, there was a public room on the Plaintiff’s store immediately, and around September 15, 2016, around the Plaintiff’s store, water dried out from the ceiling of the Plaintiff’s store and reduced a considerable amount of water at intervals of lurging, and the interior interior the store and television dried up.

(hereinafter “instant accident”). D.

In addition, due to the instant accident, the Plaintiff failed to properly conduct its business for about 15 days until the end of October, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 6, 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion was that the instant accident occurred from the black bank occupied by the Defendant due to flooding and piping problems, etc., and the Defendant, as the possessor of the speak or piping, is liable to compensate the Plaintiff for damages pursuant to Article 758 of the Civil Act

On the other hand, the plaintiff suffered losses and mental suffering due to the accident in this case. The defendant shall pay to the plaintiff a sum of 25,807,000 won (the sum of the interior cost of KRW 11,062,000 for 15 days for 10,245,000 for operating losses of KRW 10,240 for 15 days for 15 days).

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