logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.02.17 2015가단5093552
채무부존재확인
Text

1.(a)

August 1, 2014, operated by the Plaintiff (Counterclaim Defendant) on August 1, 2014 at the coffee shop of the Jung-gu Seoul Central District.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts (i.e., the Plaintiff is operating the Plaintiff’s store on B 1-4th, Jung-gu, Seoul (hereinafter “Plaintiff’s store”), and the Defendant is operating a Magman company with the trade name “C” (hereinafter “Defendant store”).

B. On August 1, 2014, water leakages occurred in the store of the Plaintiff, which caused flood damage to the Defendant shop.

(hereinafter referred to as “instant accident”) . The ground for recognition . The fact that there was no dispute, and the entries and images of Gap Nos. 1 and 3 (including paper numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. As the plaintiff's principal lawsuit, the amount of damages that he/she should pay to the defendant due to the accident in this case is all the amount of damages incurred by the defendant's failure to conduct the business during the recovery period, and according to the "Non-value Tax Base Certification", which is a material proving the defendant's income amount, the total sales in 2013, prior to the date of the accident in this case, are KRW 8,253,91,000 per month (=8,253,911 ±12) and according to this, the defendant was raising sales every 687,825 won per month (=8,253,911 ± 687,825 won per month. Since the leakage prevention corporation was enforced for about 7 days, it is reasonable to recognize the amount of the defendant's business losses as 687,825 won per month. However, even if the period of construction has not been immediately implemented after the accident in this case, the amount of damages that the plaintiff is entitled to pay to the defendant to the defendant is clear 1 month.

As such, the absence of part exceeding the above amount is confirmed.

As a counterclaim, the defendant asserts that he was damaged for 15 months due to the accident of this case, and the total amount of 19,962,700 won as shown in the attached Form shall be paid as damages and delay damages.

arrow