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(영문) 창원지방법원 2019.04.04 2018나2459
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person holding a right to lease on a deposit basis (right to lease on a deposit basis established as of September 1, 2015) of the real estate listed in attached Table No. 1 (hereinafter “the first floor store of this case”) (right to lease on a deposit basis”) as a person holding a right to lease on a deposit basis (right to lease on a deposit basis established as of September 1, 2015), and the Defendant is the owner of real estate listed in attached Table No. 2

B. On July 1, 2017, the Defendant leased the instant 2nd floor store to C, and currently, the said 2nd floor building is occupied and used by C.

C. The second floor store of this case was installed with air conditioners (hereinafter “instant air conditioners”), but around July 2017, the end of pipes emitting air conditioners’ inside the air conditioners led to the inside of the first floor store of this case on the grounds that the end of pipes emitting air conditioners’ insides cannot be known, and the number of air conditioners discharged through air conditioners pipe gets out of the inner wall columns and furnitures of the instant first floor building.

Accordingly, the inner wall columns and furnitures of the 1st floor store of this case were damaged.

[Ground of recognition] Facts without dispute, Gap's evidence 1 and 2, Gap's evidence 1 to 4, Gap's evidence 1 to 5-1 to 7, Eul's evidence 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion 1) The interior and furniture of the instant 1st floor were damaged due to water leakage caused by the failure to meet the normal safety requirements, and the Plaintiff incurred damages equivalent to KRW 8,190,000 at its repair cost. Therefore, the Defendant is liable for compensation for the damages caused by the defect in the installation or preservation of the said air conditioner as the owner of the said air conditioner (or as the owner of the building who leased the said air conditioner). (2) The Defendant is not owned by the Defendant, since before September 2015, that the Plaintiff was the lessee of the second floor shop of the instant 2nd floor, since it was installed and sold among the lessees.

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