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(영문) 광주지방법원 2014.09.02 2013가단45995
손해배상(기)
Text

1. The Defendant’s KRW 11,612,586 for the Plaintiff and KRW 5% per annum from April 1, 2014 to September 2, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Dong-gu Seoul metropolitan apartment (hereinafter “instant apartment”) 205 (hereinafter “205”), and the Defendant is the owner of the instant apartment operation 305 (hereinafter “305”).

B. D entered into a lease agreement between the Plaintiff and the Plaintiff on January 18, 2012 by setting the lease deposit of KRW 30 million, monthly rent of KRW 300,000,000, and the lease term from March 16, 2012 to March 16, 2015. After paying the said lease deposit to the Plaintiff, D resided from March 16, 2012 to 205.

C. The defendant does not reside from about 10 years to 305, but resides together in Seoul at a son's residence.

305 No. 305, unlike other households of the apartment of this case, the apartment of this case was installed for the purpose of crime prevention without a window that can prevent the wind from beeas.

From August 2012, from around 2012, the number of rained days began from the aftermath of 305 to the aftermath of 305, water was leaked from the smallest bank, bank, and inside bank, and in severe cases, there were a large number of water leakages that need to be cut down on the floor continuously.

E. Around September 2, 2012, the Plaintiff, through the lessee, informed the Defendant in Seoul of such leakage. However, the Defendant did not take any particular measure, and thereafter, the number of water leakage in 205 was more severe due to the influence of typhoons on September 2, 2012.

F. Accordingly, the Plaintiff again notified the Defendant through the apartment security guards (E), but the Defendant’s children visited around 305 on September 19, 2012 and did not take other measures than locking the pipes of 305 on the ground that there was no trace of leakage in the said apartment.

G. The instant apartment autonomous committee was notified by the Plaintiff of the foregoing leakage, and was from October 15, 2012 to October 2012.

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