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(영문) 인천지방법원부천지원 2019.09.27 2018가단117434

손해배상 등

Text

1. Defendant Incorporated Foundation B: (a) KRW 24,812,523 as well as its related amount from September 22, 2018 to September 27, 2019.

Reasons

1. Basic facts

A. On November 1, 2017, the Plaintiff entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the real estate listed in the attached Table 1 (hereinafter “instant commercial building”), setting the lease deposit amount of KRW 5 million, monthly rent of KRW 450,000 (excluding value-added tax), and from November 14, 2017 to December 12, 2017.

B. After receiving the delivery of the instant shopping mall, the Plaintiff suffered noise from the vertical piping installed to connect the second floor to the third floor floor (hereinafter “instant vertical piping”) and demanded the Defendant Company to remove and install the said vertical pipeline on the ground that it is necessary for the Plaintiff’s cosmetic sales business.

The Defendant Incorporated Foundation B (hereinafter “Defendant Foundation”) which is the owner of the third floor in the course of the construction consultation on the instant vertical piping, demanded the removal of the above vertical piping and the construction to connect the pipes of the third floor to the pipes of the third floor after the removal of the above vertical pipeline. The Defendant Company did not proceed with the construction by asserting that only the removal of pipes would proceed, and eventually completed the construction by the Defendant Company, on May 11, 2018, to remove the instant vertical pipeline and to connect the cutting of the above vertical pipeline with the pipes of the third floor.

C. However, from May 24, 2018 to May 27, 2018, the water leakage occurred in the instant shopping mall, and the Plaintiff demanded the Defendants to recover damage caused by water leakage, but the Defendants did not take any particular measures by asserting that they are not liable for water leakage among themselves, or that the scope of damages requested by the Plaintiff is excessive.

Since that time, the Plaintiff was unable to use and benefit from the commercial building of this case, the Plaintiff did not pay to the Defendant Company the car after June 14, 2018.

[Reasons for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 17 (including each branch number in the case of additional number) and the purport of the whole pleadings

2. As to Defendant Foundation: