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(영문) 대구지방법원 2018.07.06 2017가단106937
손해배상(기)
Text

1. The counterclaim Defendant: 48,050,430 won to the counterclaim and 5% per annum from November 30, 2016 to July 6, 2018.

Reasons

1. Chief;

A. The Counterclaim is the owner of the Daegu Northern-gu underground nanotechnology building and facilities (hereinafter only referred to as the instant singinginging building and facilities) located in B, and the Counterclaim Defendant is the person who manages the water supply facilities.

B. On November 30, 2016, around 01:17, the water supply management officer was cut down due to ground subsidence at the upper part of the water supply center near the instant singinging building. Accordingly, the water was accumulated into the instant singinginginging building due to the gap in the ceiling of the instant singinging building, which led to the inundation of the instant singinging building and facilities

C. As above, in the event a water supply facility management officer gets out of order, the counterclaim Defendant did not take such measures despite the fact that the tap water flows out by blocking tap water or moving out a fire-fighting vehicle and then discharges it through a pumps.

Therefore, the Counterclaim Plaintiff confirmed that: (a) KRW 30,441,30, out of KRW 61,709,576, the expenses incurred in restoring the instant singing room facilities to the Counterclaim Defendant; (b) KRW 6,792,312, the damages incurred from the total loss of the instant singing room equipment, etc.; (c) KRW 10,816,790, the expenses incurred in taking emergency measures at the time of flood; and (d) waste transport and disposal; and (d) the Defendant inside the singing room.

The amount of damages of 48,314,960 won, such as the sum of 264,528 won, is claimed for medical treatment costs for a flive injury.

2. Determination:

A. According to the purport of the entire pleadings and records as to the contents and causes of accidents among evidence No. 1 as to the existence of liability for damages, the Plaintiff may recognize the fact that the Plaintiff suffered flood damage by failing to perform his/her duty to block or discharge tap water flowing out by the Defendant.

Therefore, the defendant is liable for compensating for the plaintiff's damages.

B. According to the description of No. 1 and the result of the instant on-site inspection and appraisal of the scope of damage, tenants et al. run a singing business from December 2001 to the instant singinginging building. On January 22, 2013, the Counterclaim Plaintiff installed a singing room from the revenue.

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