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(영문) 대전고등법원 2017.06.07 2016나14155

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff’s claim against Defendant C, D, E, F, G, H, and I added in the appellate trial.

Reasons

1. The contents to be stated in this part of the basic facts are the same as the “1. Facts recognized” of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The plaintiff's respective claims against the defendants and the judgment as to them

A. 1) On December 1, 2010, Defendant F, on behalf of the Defendant B, entered into a new lease agreement between the Plaintiff and the Plaintiff on behalf of the Plaintiff on the part of the Plaintiff on December 1, 2010 that only the portion of the deposit for lease among the existing lease agreement on the instant basement store was reduced from KRW 200 million to KRW 100 million, and the remainder was maintained as it is, and thereafter, Defendant F et al. succeeded to the status of the lessor.

However, around the end of September 201 and around October 14 of the same year, as water leakage occurred in the ceiling of the instant underground floor store, the Plaintiff suffered damages equivalent to KRW 230,447,50, which damages the interior facilities installed in the object.

Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages incurred to the Plaintiff, as they did not have any obligation to allow the Plaintiff to use and benefit from the instant basement store, which is the leased object

B) The judgment (1) is based on the following circumstances, i.e., May 26, 2010 and the following: (a) whether a new lease contract was concluded between the Plaintiff and the Defendant B, as alleged by the Plaintiff; (b) there is no particular dispute between the parties; or (c) based on the overall purport of the statement and pleading No. 1; or (d) the

5. The gift of the instant building to Defendant F, etc. between 27., lost ownership of the instant building, and Defendant F, etc. on the following day.

5. In addition, Defendant F was reported to the competent tax office as lessor of the instant building on December 1, 2010, with regard to the conclusion of the lease agreement on the instant underground floor store as of December 1, 2010, Defendant B’s agent.