채무부존재확인
1. On April 10, 2019, around 19:00, the Plaintiff’s business site of “E” of the first floor of the Dongjak-gu Seoul Metropolitan Government C building operated by the Plaintiff.
1. The Plaintiff is a person operating a restaurant under the trade name “E” in the first floor D of the 1st basement of the Dongjak-gu Seoul Metropolitan Government building C (hereinafter “instant building”). The Defendant is a person operating a sports facility under the trade name “H” in the second floor F and G below the instant building.
On April 10, 2019, at around 19:00, the connection part of the pipelines installed in the ceiling of the Defendant’s place of business (hereinafter “instant sewage pipelines”) was separated from the pipes and the sewage was discharged (hereinafter “water leakage accident”). As a result, the sports facilities installed in the Defendant’s place of business caused damage, such as drinking water.
After the occurrence of the water leakage accident in this case, I repair the sewage pipe of this case where water leakage occurred and inspected the water sources. The water leakage in this case was confirmed to have occurred due to the defects in the pipe construction work, which did not properly combine the pipe connected part with the water supply, and the opinion that the water leakage in this case was not discovered.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s water leakage accident occurred due to the defects in the construction of the instant sewage pipeline, and the instant sewage pipeline falls under common areas, and the Plaintiff, which was merely a lessee, did not have installed or managed it.
Therefore, the liability for damages related to the water leakage accident of this case is against the owner who installed or managed the sewage pipeline of this case or the management body of the building of this case, and the plaintiff is not responsible for it.
B. Defendant’s instant sewage pipe is a facility installed separately by the Plaintiff to use only the Plaintiff, which connects the Plaintiff’s place of business to the public pipes.
In addition, the Plaintiff.