beta
(영문) 부산지방법원서부지원 2019.05.23 2018가합101876

손해배상(기)

Text

1. The Defendant’s KRW 10,341,200 as well as 5% per annum from April 17, 2018 to May 23, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On July 2017, the Plaintiff: (a) leased (hereinafter “instant lease agreement”) Nos. 2 E and F (hereinafter “instant shopping mall”) of the Damsan-si Damsan-si Damsan-si Do (hereinafter “instant shopping mall”); and (b) completed the interior work, and (c) opened and operated the Taekwondo Domna.

The defendant is "third or lower floor commercial building of the third floor located on the upper floor of the commercial building of this case".

(B) On June 10, 2017, as the owner of the building, leased the said three-story commercial building to H in KRW 10 million. (b) The occurrence of an accident involving water pipes installed in the corridor of the third floor caused by the said accident on January 15, 2018. As a result, the number of water pipes was immediately located on the lower floor. As a result, from the ceiling of the Taekwondo place, the water was kept away from the wall and floor with water level, and there were damages, such as water leakage remaining in the ceiling, wall, floor, etc. on the inside. (c) The Plaintiff, from February 2, 2018 to the third floor, requested the Defendant, who is the lessor of the commercial building, to compensate for the damages caused by water leakage on the said floor, but the Defendant rejected the request, including the number No. 137, No. 47, and No. 7, and the Defendant rejected the request.

each entry or video, the result of the appraiser I’s appraisal, the purport of the entire pleading;

2. Determination

(a) The defects in the installation and preservation of a structure under Article 758(1) of the Civil Act, which are one-related legal principles concerning the occurrence of liability for damages, mean that the structure is in a state of failing to meet the safety ordinarily required for its use;

In determining whether such safety has been established, it shall be determined on the basis of whether the installer or the keeper of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.