약정금
1. Defendant B’s KRW 7,200,00 and the Plaintiff’s annual rate of KRW 5% from October 9, 2014 to July 16, 2015.
1. Basic facts
A. The Plaintiff is operating a miscellaneous retail store (hereinafter “Plaintiff’s retail store”) on the first floor of F Building 1 located in Suwon-si, Suwon-si and one other (road name E) with the trade name “G.” Defendant B is operating a miscellaneous store on the second floor of the said Plaintiff’s retail store from Defendant C by leasing the store located in the second floor of the said Plaintiff’s retail store from Defendant C (hereinafter “Defendant’s store”).
B. On December 27, 2004, Defendant B prepared and executed a performance note, such as the statement in the attached Form stating that “When water leakage occurs, Defendant B shall pay 1 million won in advance to the Plaintiff at the retail store of Plaintiff E-B, as compensation for the damage, and shall pay the remainder of 7 million won in advance if water leakage occurs. To install a prevention of blocking the transfer of water pipes and sewerage pipes to another place and from leakage. In the future, Defendant B prepared and implemented a performance note (hereinafter “instant performance note”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-2, Gap evidence 5-2 and the purport of the whole pleadings
2. The parties' assertion
A. After preparing the instant claim against Plaintiff B, the Plaintiff suffered damages in an amount equivalent to KRW 7,852,00,00, due to flooding that flows out to the Plaintiff’s retail store around February 2005, around April 4, 2012, around March 22, 2013, around August 14, 2013, around January 7, 2014, and August 12, 2014.
In addition, Defendant B, who demanded the repayment of damages on or after August 2014 and around October 2010 of the same year, made a bath to the Plaintiff, “cat years, fiff will die.” and given insult to the Plaintiff, the Plaintiff suffered mental damage.
Therefore, Defendant B is obligated to pay to the Plaintiff the damages amounting to KRW 20,852,00 (the damages amounting to KRW 7,852,000,000 after the performance note) and the damages amounting to KRW 6 million.
The defendant C who filed a claim against the defendant C shall not maintain and replace the water supply pipes and sewage pipes that have been worn-out, even though he was the owner of the defendant C.