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(영문) 수원지방법원 안산지원 2018.01.05 2016가단55387
손해배상(기)
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 6,267,80 and 5% per annum from November 8, 2017 to January 5, 2018.

Reasons

1. Basic facts

A. From August 16, 2009, the Plaintiff leased the “F building” of Ansan-si (hereinafter “instant building”) from around August 16, 2009 to the present date, and operated an entertainment tavern.

B. Defendant D and E completed each registration of ownership transfer in the name of the Defendants with respect to each of 1/2 shares among the 301 shares of the instant building on October 13, 2011.

C. From August 2014, Defendant B and C jointly leased No. 301 of the instant building from Defendant D and E to the present date and jointly operated telecom.

On December 25, 2015, there was an accident in which water is accumulated in the ceiling of 202 as a result of the leakage of water by the drain pipe (hereinafter “water leakage accident in this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 10, 12 (including paper numbers), Gap evidence Nos. 4 and 5 (including paper numbers), the purport of the whole pleadings

2. According to the above recognition of the liability for damages, Defendant B and C are jointly and severally liable to compensate the Plaintiff for damages caused by defects in the installation or preservation of a structure, as the possessor of the instant building 301, barring any special circumstance.

3. Scope of liability for damages

A. According to the result of the appraisal by the appraiser G of the affirmative damage appraiser G, according to the fact finding, the following facts are acknowledged (other than the Plaintiff, the content of damage No. 202 of the instant building due to the water leakage incident and the cost of repairing the damage amounting to KRW 720,00 due to the malfunction of the singing machine. However, it is not sufficient to acknowledge the occurrence of the above damage, and there is no other evidence to prove otherwise). Items No. 13 costs for repair are 192,60,000 per each door mold of each door mold of KRW 1,223,200, the total sum of KRW 109,90,900, and the cost of repairing the toilet mold of KRW 2,267,800.

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