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(영문) 의정부지방법원 2016.12.14 2015가합54391

손해배상(기)

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1. The Defendant’s KRW 155,919,955 to the Plaintiff, as well as 5% per annum from September 10, 2014 to December 14, 2016.

Reasons

1. Basic facts

A. On July 15, 2014, the Plaintiff entered into a contract with the Defendant to lease five water tanks owned by the Defendant in Gyeonggi-gun C (hereinafter “instant water tank”) at KRW 2,500,000 per month (hereinafter “instant lease agreement”). The instant lease agreement provides for the management, etc. of water tanks as follows.

The plaintiff shall manage the water of this case with the duty of due care as a good manager (Article 4), and the plaintiff shall exchange the water of this case with parts, repair, and manage other remuneration for the water of this case.

(Article 5). Compensation shall be paid to the Plaintiff at the time of the death of the steel bed, due to the Defendant’s fault attributable to the supply of electricity and water.

(Article VII, Section 3). (b)

After entering into the instant lease agreement, the Plaintiff began to cultivate 596 Madle on July 17, 2014, and 160 madle on July 30, 201, respectively.

C. On September 20, 2014, the water tank of this case was a structure that continuously supplies new water using four pumps from outside wells so as to avoid the shortage of oxygen inside water tanks. On September 20, 2014, the occurrence of an accident where supply of electricity to the entire pumps was discontinued due to the malfunction or malfunction of one of the said pumps, and as a result, the water supply of the instant water was not supplied due to the shortage of oxygen on the 10th of the same month as the water of this case was not supplied due to the failure of all the pumps.

(hereinafter referred to as “instant accident”). [Grounds for recognition] without dispute, entry in Gap evidence 3, 4, and 11, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. Under the instant lease agreement, the Defendant is liable for damages in the event the steel be destroyed due to the non-supply of electricity and water, and the instant accident is the power supply due to the excessive heat of pumps.