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(영문) 인천지방법원부천지원 2019.05.29 2018가합101931
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 15, 2011, the Plaintiff entered into a contract with the Defendant to lease all the 1st underground floor, approximately 82 square meters on the right-hand side of the third ground, and 4th floor from October 16, 2011 to October 15, 201, among the buildings listed in the separate sheet owned by the Defendant (hereinafter “instant building”), and thereafter possess the leased object from October 16, 201 to April 24, 2019.

B. Meanwhile, the left part of the first floor of the instant building (hereinafter “instant factory laboratory”) is a factory laboratory from December 2, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 to 5, Eul evidence 3 (including provisional number), the purport of the whole pleadings

2. A water leakage or sea ice phenomenon on the first floor of the instant building alleged by the Plaintiff, resulting in flood damage equivalent to KRW 269,030,000 on the apparatus, raw materials, etc. (hereinafter “the instant apparatus, raw materials, etc.”) being stored on the underground floor of the instant building.

Therefore, the Defendant, as the owner of the water pipe of the instant building, is obligated to compensate the Defendant for the damages pursuant to Article 758(1) of the Civil Act. Therefore, the Plaintiff seek against the Defendant for the damages amounting to KRW 250 million, which is a part of the above damages, and damages for delay.

3. Determination

A. On January 2, 2018, January 10, 2018, and February 20, 2018, the Plaintiff asserted that water leakage or ice was generated on the first floor of the instant building on January 2, 2018, and on January 10, 2018, the water supply management of the first floor of the instant building occurred again. On January 10, 2018, the water supply management of the first floor of the instant building did so, and on February 20, 2018, it is insufficient to find that the video of the evidence evidence evidence No. 6 caused water leakage or ice ice ice silizing on each day. However, there is no other evidence to acknowledge this.

B. According to the appraisal results by an appraiser C (hereinafter “Appraiser”) on the assertion of leakage on January 15, 2018, the first floor of the instant building on January 15, 2018.

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