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(영문) 부산지방법원동부지원 2015.06.19 2014가합3176

손해배상(기)

Text

1. The Defendant’s KRW 83,327,763 as well as the Plaintiff’s annual rate of 5% from September 22, 2014 to June 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who, from May 5, 2012, operates “C” (hereinafter “instant carpet”) which is a coffee store in Busan Shipping Daegu (hereinafter “instant carpet”), from around May 5, 201, and the Defendant is a company running the said building 201 and 203 (hereinafter “instant Nos. 201 and 203”).

B. Article 12 (Rotterdam) (1) The Plaintiff shall complete the interior work at the Plaintiff’s expense in accordance with the CJPP lending standards to maintain the unity and originality of the entire franchise business before the opening date of the franchise store.

Article 13 (Purchase and Installation of Facilities, Equipment Equipment, and Households) (1) The Plaintiff shall purchase and install the same shooting equipment, equipment, office fixtures, and furniture as the model presented by CJP lending.

On March 25, 2012, the Plaintiff entered into a franchise agreement with CJP lending Co., Ltd. (hereinafter “Co., Ltd.”). The details of the instant case are as follows.

C. A flood accident (1) around 07:00 on September 22, 2014, the Defendant’s instant 201 and 203, which was operated by the Defendant, generated water leakage due to the heating of the core air ioners (Boilers) and circulation pumps, and accordingly, the instant carpets of the Plaintiff’s operation on the lower level of Nos. 201 and 203 (hereinafter “instant flood accident”).

(2) Due to the flood accident of the instant case, the instant carpet board, floor board, etc. was contaminated, and the occurrence of damage, such as failure to operate electricity and telecommunications equipment, was caused.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, 8, 11, 12, Eul evidence 1 to 2 (including each number), appraiser E's appraisal result, the purport of the whole pleadings

2. According to the above fact of recognition of the liability for damages, the Defendant is the possessor of the cardio-electric and stopheric electric power plant (boiler) and circular pumps installed in the instant 201 and 203.