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(영문) 대전지방법원 천안지원 2018.08.22 2017가단108574

손해배상(기)

Text

1. The Defendants jointly share the Plaintiff KRW 45,727,098 and the said money from July 16, 2017 to Defendant B, from August 23, 2017.

Reasons

1. Facts of recognition;

A. As to the total 148 square meters of underground floor (176.635 square meters on the register; hereinafter the same shall apply) among the four-story multi-use commercial buildings located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Incheon, E, the Plaintiff has leased the instant building from E as of June 16, 2015, the lease deposit amount of KRW 10,000,000, monthly rent of KRW 50,000, and the period of KRW 50,000, July 14, 2017 (hereinafter referred to as the “lease”), and thereafter, the Plaintiff has operated the connection store and performance hall of “G” in the instant building.

B. After E died on May 6, 2016, the instant building was jointly inherited by Defendant B 3/7, Defendant C, and D at each of 2/7 shares.

C. Around July 4, 2017, there were many rains in the astronomical City area, and the walls and floors of the instant building were flooded on the side of the septic tank for sewage and underground floors.

Although the Plaintiff was engaged in cleaning and cutting water, there were many rains on July 16, 2017, and the septic tank lids of the underground floor of the instant building are opened, water leveling together with the sewage of the septic tank, and the floor and walls of the instant building, performance halls, facilities, sound equipment, musical instruments, and other fixtures of the instant building were flooded and damaged due to inundation.

(hereinafter referred to as this case's flood accident).

In the instant building, toilets were not installed on the underground floor at the time of completion, but toilets were installed on the underground floor without permission for or reporting on construction after completion.

A provisional septic tank connected to a toilet for underground floors (hereinafter referred to as a " underground floor septic tank") is the same as the floor of the toilet for underground floors and the upper surface height, and there is a joint septic tank for the first, second, third, and fourth floor (hereinafter referred to as the "total septic tank") connected to the higher location.

(See the drawings of each septic tank). The drainage pumps that spreads garbage into the entire septic tank of the building in the underground floor is installed to prevent garbage from being flown, but underground floors are installed.