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(영문) 수원지방법원여주지원 2019.01.17 2017가단55256
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 15,426,400 as well as its full payment from May 31, 2018.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On July 16, 2014, the Plaintiff entered into a contract with the Defendant to lease the part of the first floor of the instant building, which is owned by the Defendant (hereinafter “instant lease contract”) with the terms that the Plaintiff wishes to lease, setting the lease deposit amount of KRW 60 million, monthly rent of KRW 1.5 million (after July 21, 2014), from July 21, 2014 to July 20, 2021 (hereinafter “instant lease contract”).

The lease contract of this case contains the contents of "a lessor shall repair the existing part of the lease contract and restore it to its original state when there is any damage to the facilities of a lessee after the lease contract of this case."

(hereinafter “instant special agreement”)

B. The Plaintiff, upon delivery of the part of the daily floor of the instant building, operates a restaurant with the trade name of C, namely, in a ceiling, etc., and the Defendant is operating the telecom on the second floor and the third floor of the instant building.

C. However, due to the damage of the PVC drainage pipe located on the second floor of the building of this case, water leakage occurred from the ceiling of the part of the instant building. Accordingly, there was a change in color and contamination in the garment of the ceiling, wall, and pole installed by the Plaintiff, and some transfers installed in the ceiling were on-and-off, etc., causing obstacles to the Plaintiff’s restaurant business.

On July 5, 2017, August 31, 2017, and September 14, 2017, the Plaintiff filed the instant lawsuit to the effect that “Inasmuch as the continuous water leakage from the lease contract to the present has resulted in damage to the stone site, walling area, lighting, etc., and caused considerable hindrance to the business, the Plaintiff requested construction to restore the damaged part to its original state and remove water sources.” However, the Plaintiff filed the instant lawsuit to the effect that “The Defendant did not recognize the occurrence of water leakage, the cause thereof, and the responsibility therefor.”

E. Sanitation is caused by water leakage on the second floor of the instant building.

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