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(영문) 부산지방법원 2020.11.24 2019가단303595

손해배상(기)

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 13,326,00 as well as its annual interest from May 28, 2018 to November 24, 2020.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the lessee of the first floor underground among the buildings located in Busan Jung-gu, and the Defendant D is the lessor as the owner of the first half of the above building.

3) Defendant C’s ground officetels located in Busan Jung-gu, Busan (hereinafter “Defendant’s building”) adjacent to the above building

(4) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a contractor who has been awarded a contract with Defendant C for the construction of a new building.

B. (1) Around March 2011, the Plaintiff: (a) leased from Nonparty G the first underground floor of the said building from Nonparty G with a lease deposit of KRW 10 million; (b) monthly rent of KRW 10 million; and (c) the term of the contract was from March 1, 2011 to March 1, 2013; (b) thereafter, from March 2015, the Plaintiff concluded a lease agreement with Defendant D and renewed the lease agreement; and (c) from the time of lease to the time of lease, the Plaintiff operated the first underground floor (hereinafter referred to as “Plaintiff’s main store”).

(2) Defendant B contracted for the construction of the Defendant building by Defendant C, and from May 2018, Defendant B performed the construction of a new building and the installation of a new building underground from around May 2018.

(3) On May 28, 2018, when the instant construction was in progress, the Plaintiff’s main store of the Plaintiff, and around June 2018, Defendant B’s head of the site office H acknowledged that water flows out from the instant construction work to the Plaintiff on the Plaintiff’s main store, and prepared and issued a written confirmation that the Plaintiff promised to undertake the waterproofing construction, interior interior interior interior interior interior interior interior repair construction, etc., and had the Plaintiff performed the waterproof construction and interior repair work until July 2018. Nevertheless, the Plaintiff’s main store did not suffer losses, such as the number of walls, hallways, hallways and distribution of hallways, and fungs in the wall, etc. [a] there is no ground for recognition, and there is no dispute, and the Plaintiff’s main store did not suffer losses.