beta
Text
1. Defendant B: (a) 5% per annum from January 22, 2017 to August 29, 2019; and (b) 5% per annum from January 22, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates the G oriental medical hospital (hereinafter “instant oriental medical hospital”) on the 3rd floor of the Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”). Defendant B was operating G oriental medical hospital (hereinafter “instant oriental medical hospital”) by leasing the entire 5th floor and 4th floor of the instant building from F, and used part of the 4th floor of the instant building (hereinafter “instant kitchen”) as a kitchen preparing meals for oriental medical hospital employees and inpatients.
B. On January 22, 2017, pipes installed on the floor of the kitchen of this case installed and flowing large amounts of water, and the occurrence of accidents involving flooding, such as the floor of the mechanical room, the floor of the mechanical room, the floor on the side of the mechanical room, the wall of the ceiling, and the studio, which were specially made for the mechanical room from 15 to 20 stres among the 20 stres of the bowling of this case.
(c) Around April 12, 2017, Defendant B performed a construction project to prevent water leakage of pipes of the kitchen of this case by denying a construction business operator. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 and 2, Gap evidence 6, and each video of Gap evidence 4 (including a serial number of evidence)
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident occurred due to the defect in installing or preserving the floor pipes of the kitchen of this case, and the Defendants, the possessor, are jointly and severally liable to pay to the Plaintiff totaling KRW 93,369,433 (Costs 43,369,433, operating damages, KRW 30,000, KRW 20,000, and KRW 20,000,000), and damages for delay.
B. (1) Defendant C had already terminated the contract with Defendant B at the time of the occurrence of the instant accident, and withdrawn from the position of joint business proprietor of the instant oriental medical hospital, which is not the possessor of the instant kitchen, but only the lessee.