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(영문) 서울북부지방법원 2018.10.19 2017가단130756
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On February 10, 2017, the Plaintiff leased from the Defendant the first basement of the Dongdaemun-gu Seoul Metropolitan Government Ground Building C (hereinafter “ underground room”) as the lease deposit amount of KRW 15,000,000, monthly rent of KRW 1,600,000, and the lease term of KRW 10,000, March 10, 2017 to March 9, 2018.

B. On July 2, 2017, the Plaintiff used an underground room as an office and a sales new storage place. On July 25, 2017, the Plaintiff agreed with the Defendant on July 25, 2017, when there was an accident in which rainwater flows into the leased object.

(hereinafter referred to as “the instant agreement”). The actual results of the accident: on July 2, 2017, the actual results: The lessor, on July 2, 2017, agreed to compensate the lessee for the loss of rainwater 6,92,000 won (=184 turn on turned x 38,000 won) among the products which were kept in the D office due to the inflow of rainwater into the wall side of the passage stairs that is coming under the lower end of the building.

In order to prevent the recurrence after the occurrence of the accident, the actual situation seems to be a clerical error of the lessee.

On July 3 to 4, 2017, after removing trees of the lower-level building, completing cement floor construction and waterproof treatment construction, the lessee is aware that rainwater can flow through external stairs, and the lessee is able to produce and keep the top in order to prevent damage to the product.

In addition, the lessee shall frequently check the inside water and prevent the water from being flown.

In the future, the lessee is responsible for the occurrence of the foregoing situation, and the lessee is subject to the condition that the lessor does not make any additional claim.

The lessor agrees to receive goods from the lessee on the condition that it does not resell the goods after receipt of damaged goods (184,00 square meters).

C. However, from the beginning of August 2017, 201, the shoess of individual stuffs, which were kept in the underground room, and reflects, office households, etc.

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