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(영문) 수원지방법원 2016.05.17 2015가단108686
하자보수청구 등
Text

1. Defendant B’s KRW 2,300,000 as well as 5% per annum from April 15, 2015 to May 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is operating public bath in the name of “F” from August 2007 to “F” among the buildings with three underground floors and the fourth floor above ground (hereinafter “instant building”) moving from Suwon-si Co., Ltd. and two parcels E buildings with the third floor above ground (hereinafter “instant building”).

B. As to the second floor No. 204 (hereinafter “instant 204”), Defendant B completed the registration of ownership transfer on February 21, 2007, and Defendant C completed the registration of ownership transfer on December 18, 2014.

Grounds for recognition: Gap 1, 2, 4 (each number includes numbers; hereinafter the same shall apply), and the whole purport of the pleading.

2. Determination

A. From November 3, 2014, since the Plaintiff’s assertion, water leakage in the ceiling of the leased part of the instant case came to collapse, and water accumulation inside the leased part led to flooding of bathing and burial.

The water leakage of the leased portion of the instant case occurred due to the defect in 204, and the Defendants did not repair the defect in 204.

The Defendants, as owners under subparagraph 204 of this case, neglected to manage well the drainage pipes, etc. under the above 204, and caused water leakage in the site of the leased part of this case. Thus, they are liable for tort damages.

The construction cost for recovery from the leakage of the leased portion of this case is KRW 5 million, and the business loss incurred by the Plaintiff due to the Plaintiff’s failure to engage in bath business due to the leakage of the leased portion of this case is KRW 500,000 per day. Thus, Defendant B is liable to compensate the Plaintiff for the business loss of KRW 22 million from November 4, 2014 to December 17, 2014, and KRW 45 million from December 18, 2014 to March 17, 2015.

In addition, the Plaintiff is a lessee of the leased part of this case.

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