손해배상(기)
1. Defendant D Co., Ltd.: (a) KRW 49,640,00 for the Plaintiffs and the period from June 6, 2015 to October 28, 2016.
1. Facts of recognition;
A. On September 1, 2013, the Plaintiffs leased, respectively, Nos. 302, 303, 308, and H and I of the instant building from Ulsan-gu G building (hereinafter “instant building”) from F, and thereafter operated the wedding hall (hereinafter “instant wedding hall”) with the trade name “J” at the leased location around that time.
B. On September 20, 2014, Defendant D Co., Ltd. (hereinafter “Defendant D”) leased 401,501, and operated the instant building from November 1, 2014 to the mutual name and health center of “K” at the leased location (hereinafter “instant health center”).
On the other hand, Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) received on May 30, 2013 the registration of ownership transfer on the instant building 401 from Defendant Tae River System due to trust. From that time, it owned No. 401 of the instant building up to that day.
C. On November 27, 2014, around 18:45, when the Plaintiffs operated the instant wedding hall, water leakage occurred in the instant health center located on the upper floor of the instant wedding hall. As such, the instant wedding hall corridor and the head of the Guncheoncheon, which led to an accident in which water is accumulated in the instant wedding hall (hereinafter “instant accident”).
The Plaintiffs suffered damages equivalent to KRW 4,964,00 from the construction cost for repair works, such as walls, lighting, and interior works.
[Ground of Recognition] A without dispute, Gap evidence Nos. 1, 6 through 11 (including each number), Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. In the first place of the cause of the claim, Defendant D, the lessee of the instant building 401, and Defendant E, the representative director thereof, are direct occupants of the instant building 401, which caused damages to the Plaintiffs due to the defect in the construction or preservation of the instant building No. 401, which is a structure. Therefore, the said Defendants were individually to each of the Plaintiffs.