손해배상(기)
1. The Defendant’s KRW 100,071,515 as well as the Plaintiff’s annual rate from June 26, 2014 to November 13, 2014, and the following.
1. Presumed facts
A. From February 21, 2012 to October 22, 2003, the Plaintiff acquired the instant restaurant (hereinafter “instant restaurant”) on the first floor D (hereinafter “instant restaurant”) and operated the instant restaurant from that time. On March 1, 2012, the Plaintiff entered into a lease agreement with the Culture and Arts Co., Ltd. as to the instant restaurant with KRW 100 million, KRW 650,000 per month, and KRW 600,000 per month.
B. The term “heat integrated construction” (hereinafter “heat comprehensive construction”) concluded a mutual aid agreement with the Defendant setting the indemnity limit of KRW 600 million from October 2, 2013 to July 31, 2014, and subsequently, the construction of a building immediately adjacent to the instant building (hereinafter “the next building”) was conducted on June 13, 2014 while constructing a connecting bridge between the instant building and the second floor of the building, and caused damage to the fire hydrant pipes inside the second floor of the instant building.
As a result, accidents that occur in the restaurant of this case (hereinafter “instant accident”) have occurred, and the facilities in the restaurant of this case have been flooded.
C. On July 20, 2014, the Plaintiff ordered repair works for the instant restaurant to E, and suspended the operation of the instant restaurant, and resumed the instant restaurant operation on August 15, 2014 after the completion of the construction.
The Plaintiff paid the construction cost of KRW 8,375,00,000 to E, who completed the construction work, from August 3, 2014 to November 25, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 11, 12, 13, Eul evidence Nos. 1, 3, 5, 8, 9 (including provisional number), the purport of the whole pleadings
2. Determination
A. According to the facts on the premise of the occurrence of liability for damages, in the course of cutting the pipes of the instant building as part of the construction of a new building by the heating integrated construction, a cut work is carried out without accurate investigation of pipes, and it is entirely carried out inside the walls of the second floor of the instant building.