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(영문) 창원지방법원 2017.08.31 2016가단21639

구상금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff has been operating a singing shop (hereinafter “instant singing shop”) by leasing part of the three floors from the Defendant’s Changwon-si Co., Ltd. (hereinafter “instant shopping mall”) owned by the Defendant.

B. On January 11, 2016, at the same singing shop, water from sewage was discharged and water was discharged.

(hereinafter “instant accident”). [Ground for recognition] The fact that there is no dispute

2. Determination on the main claim

A. The plaintiff's assertion defects in the pipe equipment of the instant singing shop as follows, the defendant failed to perform his duty of repair as lessor, and the accident of this case occurred accordingly, and thus, the owner and the lessor are liable to compensate the plaintiff for damages incurred therefrom.

① According to Article 17(2)5 of the Regulations on Standards, etc. for Facilities of Buildings, excellent pipes and sewage pipes shall separate pipes, but no sewage pipes and sewage pipes of the commercial buildings in this case are separated.

(2) The size of sewage pipes shall be at least 100 meters, while the size of sewage pipes shall be at least 65 meters, but the size of sewage pipes shall be at least 75 meters, installed as one of the same pipes with the size of 75 meters of sewage pipes.

③ Although the pipes of the instant shopping mall should be separated by store, the pipes of the instant shopping mall are not separated.

B. In light of the following circumstances, it is difficult to deem that there was a defect in the installation or preservation of the pipe facilities of the instant singing shop solely based on the results of the entries and images of Gap 2 and 7 (including the paper numbers) and the fact inquiries about D in this court, and it is difficult to recognize that the instant accident occurred due to the said defect alleged by the plaintiff, and there is no other evidence to acknowledge it otherwise.

(1) The fact that the sewage pipes and sewage pipes of the commercial building of this case are not separated does not conflict between the parties, but even if Article 17(2)5 of the Rules on the Standards, etc. for Equipment of Buildings is complied with.