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(영문) 서울중앙지방법원 2016.07.15 2015가단14820

손해배상(기)

Text

1. The Defendants jointly share KRW 41,873,765 to the Plaintiff, and Defendant B from July 17, 2015 to Defendant C, and Defendant C from July 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is operating a multi-mediate video production and performance planning company using special broadcast and video production equipment on the first floor of the Gangnam-gu Seoul Metropolitan Government D Building (hereinafter “instant building”).

B. Around May 13, 2014, Defendant C, who leased the first floor of the instant building, ordered Defendant B to undertake the interior works of the first floor of the instant building.

C. On June 5, 2014, Defendant B performed a construction project to move the tap water to approximately 5-6 meters at Defendant C’s request (hereinafter “instant water pipe construction”). Around the same day, there was an accident in which water flows to the first floor below the instant building, resulting in flooding of video production equipment, facilities, etc. owned by the Plaintiff.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 19, Eul evidence No. 1 (including provisional numbers, hereinafter the same shall apply), the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. In light of the following circumstances, which are acknowledged as a comprehensive consideration of the aforementioned evidence and the testimony of the witness F, namely, that there was no problem with the water pipe on the first floor of the instant building before Defendant B performed the construction of the instant water pipe, and that the instant accident occurred after the completion of the construction of the water pipe, it is reasonable to deem that the instant accident occurred due to neglecting the duty of care to install water pipe to prevent water leakage on the lower floor due to Defendant B’s water leakage, etc., even though there was a duty of care to install water pipe to prevent water leakage on the lower floor.

Therefore, Defendant B is liable to compensate for damages incurred by the Plaintiff due to the instant accident.

B. Meanwhile, the instant accident occurred due to the defect in the installation and preservation of the water pipes on the first floor of the building leased by Defendant C, and the Defendant C constitutes an occupant of the water pipes, as prescribed by Article 758(1) of the Civil Act.