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(영문) 서울중앙지방법원 2017.11.29 2016가단5124583

손해배상(기)

Text

1. Defendant Sam-gu L&C, C Co., Ltd. and D Co., Ltd. jointly share KRW 97,403,305 to the Plaintiff.

Reasons

1. Facts of recognition;

A. According to Article 2 of the Special Act on the Super high-rise Building and Underground Connection Building Management, E terminal buildings related to the ownership and management of the E terminal buildings (hereinafter “instant building”) mean buildings with the total floor area of 146,071.39 square meters above the ground of 146,071.39 square meters in Yongsan-gu, Manyang-si, Manyang-si, and the multi-modal building for the purpose of traffic and sale culture with the five underground floors above the ground level, “the complex building with underground connections” means buildings meeting all the following requirements:

A building with at least 11 floors or with at least 5,00 persons per day and with its underground section connected to a subway station or underground shopping mall;

(b) In a building, at least one facility for cultural and assembly facilities, sales facilities, transportation facilities, business facilities, lodging facilities, amusement facility business among amusement facilities, amusement facility business among amusement facilities, or other facility for purposes prescribed by Presidential Decree, which are stipulated in Article 2(2) of the Building Act, are 32,63 persons per day, average number of visitors shall be approximately 9,800 persons, and underground connections connected to the G station of subway 3 lines.

The above building is divided into shopping mall Dong and terminal Dong, and the H filmer had been operating from the fifth to the seventh floor above the ground of the shopping mall, and I had been preparing for the first to the fourth floor above the ground.

And on the third above ground of the terminal, E Terminal was operated by restaurants, from the first to the second above ground.

In addition, the underground floor of the above building is not divided into shopping mall Dong and terminal Dong, and the underground first floor is the same as the building that was leased by Defendant B Co., Ltd. (hereinafter “Defendant B”), and was performing the internal construction work to operate a focot after the lease by Defendant B Co., Ltd. (hereinafter “Defendant B”). The underground second floor was used as the parking lot from the third to the fifth underground floor.

The instant building is a K Co., Ltd. (hereinafter “K”) around February 2012.