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(영문) 서울서부지방법원 2020.09.17 2019나2111
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended in the trial room, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. On April 6, 2018, the Plaintiff, running “Dcoin singing practice room” in the underground space of the building located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, entered into a contract with the Defendant for the re-construction of toilets and the finishing construction of the interior works at KRW 5,252,000.

B. The Plaintiff paid 4 million won as construction price to the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 5-1 and 2, the purport of the whole pleading

2. The Plaintiff asserted that the Defendant installed a new collection and alteration in a toilet and did not connect the air conditioner drainage pipes connected to the existing collection and alteration to a new collection and alteration, resulting in water leakage from April 28, 2018 when the air conditioner was operated.

The Defendant lost the parts of the underwater bomb and cut the electric power line, thereby spreading sewage to the underwater bomb.

On September 5, 2018, the Defendant cut water pipes in the process of verifying water leakage of the air-conditioning pipe, and connects them again, and caused water leakage due to a failure to properly lock valves. On December 22, 2018, mass flooding occurred due to a failure in the center of the water-conditioning hole (establishment on June 22, 2018).

The plaintiff suffered enormous business losses and mental suffering due to the occurrence of water leakage, sewage inundation, malodor, myco, and sound machinery inundation, etc.

The Defendant threatened the Plaintiff with the demand for remuneration and repeatedly inflicted mental pain on the Plaintiff during the course of the instant lawsuit.

Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 29,95,942 (= KRW 6,050,000,000) as follows: (i) KRW 4,479,326,00,000:

- 8,966,616 - Cost 6,00 won for sound machinery damage caused by water leakage and inundation (50% of the price for sound machinery ) - Loss 4,479,326 won for business damage [=damage 3,176,250 won for losses caused by water leakage and malodor, etc. from April 28, 2018 to July 1, 2018 (15% of the average daily sales during the above period from July 2, 2018 to July 5, 2018).

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