채무부존재확인
All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claim filed by this court are dismissed.
Appeal costs and costs of appeal.
1. Basic facts
A. The Plaintiff is the owner of the real estate located in the Young-gu Busan Metropolitan City, and the Defendant entered into a lease agreement with the Plaintiff on May 10, 2018 on the first floor and the first underground floor (hereinafter “instant building”) of the building at the seat of the Plaintiff and the lessee operating the restaurant.
B. On July 30, 2018, the Plaintiff subscribed to the Defendant for a compensation liability insurance for damage to underground water inundations generated from the instant building pipelines and caused flood damage to the Defendant.
C. After February 23, 2019, the Plaintiff suffered water leakage in the underground floor of the instant building at another time, and the Plaintiff was engaged in an accident treatment with insurance and has been engaged in waterproof construction on the main floor of the first floor. The Plaintiff and the Defendant incurred losses to the Plaintiff in the event of subsequent water leakage, etc. due to the pipeline construction installed around March 13, 2019, “ around August 2018.”
At the time of the lease contract, the main floor used by the defendant was not used by the main room, and water leakage occurs when water is used on the floor. Therefore, the defendant bears the damage to the water leakage caused by the use of the floor, or by the installation or use of pipes by the defendant.
In the case of underground floors, the defendant shall bear the damage for the damage of negligence and negligence in use.
"" has agreed to pay damages, including the contents thereof.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 2 and 4, and the ground for appeal
2. The Defendant asserts that the instant building incurred water leakage and inundation around July 2019, and that the construction cost of KRW 10,840,000, the forest amount of KRW 900,000, food materials of KRW 699,000, business losses of KRW 2,159,550, and KRW 14,59,59,550, and thus, the Plaintiff should pay the damages to the Defendant.
With regard to this, the damage caused by the underground floor claimed by the defendant is not caused by the leakage of the first floor, but is underground, such as the accident in the attached Form.