logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.11.24 2017나1163
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a bowling site (hereinafter “instant bowling site”) with the trade name “D” from the fifth floor of Seongbuk-gu Seoul building (hereinafter “instant building”). The Defendant is the owner of the sixth floor of the instant building (637).

B. Due to water leakage from the instant bowling Chapter, the Plaintiff was unable to operate four stres among nine stres on August 25, 2013. From August 26, 2013 to August 30, 2013, the Plaintiff was unable to operate one stres.

C. The instant building No. 637 was installed at the lower part of the Washington. However, around September 2013, the controlled entity of the instant building investigated that water leakage occurred due to the hot water season installed under Article 637 of the instant building, and notified the Defendant of the result.

On October 26, 2013, the Plaintiff disbursed KRW 230,000 as the expense of running the bowling Doing Ground, which was damaged by the water leakage of this case. From December 15, 2013 to December 17, 2013, the Plaintiff accepted the instant bowling Doing Ground, which was damaged by the water leakage of this case, and disbursed KRW 6,570,000 as the repair expense.

[Ground of recognition] Facts without dispute, entries and videos of Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition as above, it is reasonable to view that the water leakage of this case was caused by defects in the installation or preservation of the circular temperature water hole, which is the structure installed in subparagraph 637 of the building of this case. Thus, barring special circumstances, the defendant, the owner of the building of this case under Article 637 of the building of this case, is liable to compensate for the damages suffered by the plaintiff due to water leakage of this case pursuant to Article

The liability for damages incurred to another person due to the defect in the installation or maintenance of a structure in accordance with Article 758 of the Civil Act shall be primaryly the possessor of the structure who actually occupies and manages the structure directly and specifically.

arrow