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(영문) 대전지방법원 2020.05.20 2019나107652

손해배상(기)

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1. The appeal filed by the Defendant (Counterclaim Plaintiff) and the Seo-gu of the Daejeon Metropolitan City is dismissed, respectively.

2. The appeal costs.

Reasons

The court of first instance rendered a judgment that partly cited the plaintiff's main claim against the defendants and the counterclaim against the defendant B.

On the other hand, the defendant Seo-gu appealed the main part of the lawsuit, and the defendant Eul appealed the main part of the lawsuit and the counterclaim but withdrawn the appeal on April 21, 2020.

Therefore, the object of this Court's adjudication is limited to the principal lawsuit.

Basic facts: (a) on February 20, 2015, the Plaintiff, from Defendant B, operated sales business of household goods, miscellaneous goods, etc. using the trade name “D” after renting approximately 50 square meters (hereinafter “instant store”) of the first floor of the Seo-gu Daejeon District Office (hereinafter “instant store”) from February 16, 2015 to February 15, 2016, with the term of lease fixed from February 16, 2015.

Under the following drawings, the sewage and wastewater generated from the above C building is discharged to the public sewerage (wastewater piping; hereinafter “instant public sewerage”) managed by the Defendant through the sewerage drainage pipe, which passes above the ceiling of the instant store after gathering water tanks.

B EF, however, around October 30, 2015, in the sewerage drainage pipe, which passes through the ceiling of the instant store, the sewage and wastewater were flowed. Accordingly, the Plaintiff’s small electronic and electronic equipment, household appliances, kitchen supplies, office automation equipment, and bags stored in the instant store were flooded (hereinafter “instant accident”).

[Based on the basis of recognition] A without dispute, Gap evidence Nos. 1 through 18 (including the number of branches), Eul evidence Nos. 4-4, Eul evidence Nos. 4-4, and the purport of the entire argument by the parties concerned, Defendant B, as a lessor, neglected to maintain the sewerage drainage system or install facilities to prevent sewage and wastewater from being flown out, and thus caused the accident of this case, even though the plaintiff was obligated to use the store of this case for its intended purpose.

The defendant Seo-gu is a public institution.