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(영문) 서울중앙지방법원 2020.08.11 2018나46294

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this part of the basic facts are as follows: (a) adding “S Dong” to “Sdong” following the second 6th 6th tier of the judgment of the first instance; (b) adding “31.8 million won” to “31.8 million won”; and (c) adding “Evidence 8-1” to the part of the grounds for recognition of paragraph (1) of the above judgment (the fourth nifeh 8th nife) and “the results of inquiry into the chief of the Song-gu Tax Office” to “the results of the inquiry into the chief of the Song-gu Tax Office of the first instance” are as stated in the corresponding part of the judgment of the first instance, except for the case where “the results of the order of submission of tax information to the chief of the Song-gu Tax Office of the second nife

2. According to the facts of recognition as above, the accident of this case was caused by the defect of the hot water pipe installed inside the floor of this case as the contractor, so the defendant is responsible for compensating for the damage caused by the accident of this case, and since the defendant paid the insurance money to the lessee H of the store of this case who suffered the damage of this case due to the accident of this case, the defendant is liable for compensating for the damage to the plaintiff who subrogated to the victim H in accordance with the insurer subrogation provision of Article 682(1) of the Commercial Act.

3. Scope of liability for damages

A. According to the Plaintiff’s damage evaluation report, the Plaintiff asserted that the amount of damage to the instant store caused by the instant accident is KRW 68 million for facilities and KRW 97 million for business losses, which is the sum of KRW 31.8 million for business losses (excluding KRW 100,000 for the insured).

B. Damage (affirmative loss) 1 The damage resulting from the damage to the store of this case caused by the accident of this case shall be the cost of repair or restoration if it is possible to restore the facility to its original state, and the cost of restoration to its original state shall be the ordinary damage. The result of the court's entrustment to appraiser T of this case (the size and scope of damage reported and the damage shall be different from the price data at the time of the accident and the