beta
(영문) 수원지방법원안산지원 2016.01.15 2013가단109139

손해배상(기)

Text

1. As to KRW 9,756,714 and KRW 4,256,714 among the Plaintiff, Defendant B shall be from July 29, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On August 9, 2011, the Plaintiff is operating an indoor screen golf course (hereinafter “instant indoor golf course”) with the trade name “G” in each of the said stores, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,000,000, and the lease term of KRW 16, August 16, 201 to August 15, 201.

B. Defendant C owns Nos. 104 and 105 on the ground of the instant commercial building located on the upper floor of the instant indoor golf course, and Defendant B, on March 11, 201, leased the said Nos. 104 and 105 from Defendant C, and operated a restaurant with the trade name “H” (hereinafter “instant restaurant”).

C. From March 2012 to March 6, 2012, an indoor golf course of this case generated fungzing water from around July 2012, and the occurrence of fungzing water from around July 2012, which led to the malfunction of screen golf machines installed in the said 5.

(hereinafter “instant water leakage accident”). D.

The Plaintiff requested the management office of the instant commercial building to take measures against water leakage, and the lessee of the instant commercial building including the Plaintiff and Defendant B prepared a written agreement on June 27, 2013 that the Plaintiff compensates for the construction cost and all expenses incurred by the business entity that caused water leakage in the instant indoor golf course, water leakage prevention works, and restoration interior works.

E. However, on the grounds that “I” selected as a facility company could not discover the causes of water leakage in the instant indoor golf course, the Plaintiff did not investigate and construct the causes of water leakage. From August 2013, the Plaintiff operated the instant indoor golf course without operating five rooms.

[Based on recognition] - without dispute, Gap evidence 1 to 3, 10, Eul evidence 1 (including each number), and Eul evidence 1.