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(영문) 서울서부지방법원 2015.11.26 2014가합9861
손해배상(기)
Text

1. The Defendant’s KRW 15,695,670 as well as the Plaintiff’s annual rate from January 3, 2013 to November 26, 2015, and the following.

Reasons

1. Basic facts

A. From September 5, 2008 to May 13, 2014, the Plaintiff leased No. 102 of the Mapo-gu Seoul Metropolitan Government B apartment shopping mall (hereinafter “instant shopping mall”) from September 5, 2008 to May 13, 2014, and used the instant shopping mall for the purpose of storage of the store for the store for the store for the store for the store for the store for the store for the store for the store for the store for the store for the store for the same trade name, and the amount of the online shopping mall for the same trade name (D; hereinafter “instant online shopping mall”). The Defendant is the owner of the instant shopping mall 102 and the instant shopping mall 103.

The Defendant separated the No. 103 from No. 103-1 and No. 103-2, and leased No. 103-1 to F who operates the business office of the trade name “E”, and leased No. 103-2 to the name-free person for the purpose of warehouse.

B. On January 3, 2013, around 4:00 p.m., around 4:00 p.m., a large quantity of water was accumulated at the ceiling of the instant shopping district for about 4 hours, and there was an accident that 102 of the instant shopping district was locked.

(hereinafter referred to as “the flood accident of this case”)

On February 12, 2013, G, the owner of the instant shopping mall 102, filed a lawsuit against the Defendant seeking compensation for damages caused by flooding (hereinafter “instant lawsuit”) by Seoul Western District Court Decision 2013Gaso9168, and was sentenced in favor of the Defendant on December 26, 2013, to the effect that “the Defendant shall pay G the amount of KRW 7,975,500 and damages for delay from January 3, 2013.”

The amount of damages 7,975,500 won as cited in the order of the court of first instance shall be the sum of KRW 684,500,000 for electrical construction costs, KRW 5,541,00 for restoration to the original state of the ceiling, floor, and wall, and KRW 1,750,000 for rental damages.

On April 23, 2014, the appellate court of the instant case (Seoul Western District Court 2014Na6777) concluded conciliation to the effect that “the Defendant shall pay KRW 8,000,000 to G up to May 30, 2014,” both G and the Defendant filed an appeal against the said judgment of the first instance.

It is selected in the first instance of the pertinent suit.

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