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(영문) 서울서부지방법원 2018.01.17 2016가단260267
손해배상(기)
Text

1. The Defendant’s KRW 18,003,520 as well as 5% per annum from January 4, 2017 to January 17, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. From October 22, 2008, the Plaintiff owned Eunpyeong-gu Seoul (hereinafter “instant Borrowing”) D (hereinafter “instant D”) from around October 2, 2008, and the Defendant owned the instant Borrowing E (hereinafter “instant E”) from October 21, 199.

B. On January 15, 2014, the Plaintiff leased the instant subparagraph D to F for a fixed period of two years from February 5, 2014, with the lease deposit of KRW 125 million, and the lease period of said subparagraph for two years from February 5, 2014. The F occupied the instant subparagraph D from February 17, 2014.

C. Since water leakage occurred from April 2014 to the ceiling of the instant cell, etc., additional water leakage (hereinafter “instant water leakage”) occurred in a living room’s wall, an inner embankment, etc. as well as continuously in a living room, etc. (hereinafter “the instant water”). As a result, the water leakage from an inner embankment was destroyed by the risk of water leakage.

On September 7, 2015, F terminated the lease contract for the instant No. D and removed from the instant No. D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 8, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff asserts that the plaintiff is liable to pay damages, such as ① repair costs of this case subparagraph D and E, ② damages equivalent to rental fees, ③ director expenses, etc., on the ground that the heating pipes of this case occurred due to defects in heating pipes of this case, and that the defendant has a duty to pay damages to the plaintiff.

B. As to this, the Defendant asserted that the water leakage of this case was caused by water or water flowing from the cracks such as the roof and the wall surface due to the deterioration of the entire Bara of this case, and it did not occur under subparagraph E of this case. Thus, the Defendant did not claim damages.

3. Determination

A. In light of the following circumstances, the evidence and the appraiser G’s appraisal result prior to the occurrence of liability for damages, which are acknowledged by the overall purport of the pleadings.

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