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(영문) 서울동부지방법원 2015.02.16 2013가단38399
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On March 21, 2005, the Defendant leased No. 801 and No. 803 of the Heungdong-gu C building No. 803 to KRW 100 million and operated a swimming pool from April 2005 (hereinafter “instant swimming pool”). Around that time, the instant swimming pool had exclusive mechanical rooms to manage facilities, such as underground water, urban gas, and boiler, used in the swimming pool, and the holder of the groundwater utilization permit was D.

B. The Plaintiff registered the business with the trade name “G” in the name of “E”, and leased the 6th and 7th floor of the C building, the 6th and 7th floor of which is remodeled from the business facilities, and started to operate the Bana (hereinafter “the instant Bana”). The instant Bana was supplied with groundwater and urban gas in the mechanical room of the instant swimming pool.

C. On September 1, 2007, E and the H Building Management Body (hereinafter “H Management Body”) representing the instant rain, the Defendant and the H Building Management Body jointly uses water supply, underground water, urban gas facilities, etc. on the instant rain and swimming pool, and with respect to the usage fees and maintenance expenses, the usage fees of groundwater are 30% of the instant rain and the operator (as seen above, the Plaintiff and the Plaintiff operated the instant rain and the Plaintiff collectively; 20% of the water supply fees, the Defendant, the operator of the instant swimming pool, bears 80% of the water supply fees, and 20% of the water supply fees, and the H Management Body bears 70,000 won for the Plaintiff, the remainder (Provided, That the Defendant submitted the request to the Plaintiff from November 2, 2007 to March 208, and the Defendant bears 5% of the Plaintiff’s working expenses for each of the following reasons: the Defendant’s working personnel and the Defendant’s working personnel for each of the instant machinery, each of whom bears 5% of the Plaintiff’s working personnel.

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