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(영문) 광주지방법원 2019.06.14 2018가단17339
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. The defendant owns 1/6 shares in relation to the building of 1st and 3rd and upper underground in Seo-gu in Gwangju, Seo-gu (hereinafter referred to as the "building of this case"). Eul, the owner of the remaining 4/6 shares, is the defendant's son F and husband's land. F is the owner of the building of 1st and upper ground in Seo-gu in Gwangju, Seo-gu, Gwangju (hereinafter referred to as the "building of this case").

B. The Defendant was delegated by D, E, and F and engaged in the management and preservation of the instant 1,2 buildings.

C. On March 2, 2018, the Plaintiff leased and used the 3rd floor of the instant building in KRW 200,000, monthly rent of KRW 200,000. On March 2, 2018, the instant 2nd floor was relocated to the 1st floor underground of the instant building. On April 9, 2018, the instant 2nd floor was completely flooded with water supply control.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 and 2, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff alleged by the parties transferred from the third floor of the building of this case to the first floor of the building of this case on condition that management expenses of KRW 50,000 are paid at the defendant's request. After being requested by the defendant to pay KRW 100,000 per month including management expenses of KRW 50,000, there was a verbal agreement to lease under the condition that the plaintiff will pay KRW 100,000 per month including management expenses. The flood accident of this case occurred due to defects in the leased object before paying the first vehicle.

Therefore, the equipment owned by the Plaintiff, scenarios, video products, etc. on the 2nd underground floor of the instant building were all unusable, and the Plaintiff suffered property damage equivalent to KRW 48,618,500, and the Plaintiff asserts that the above property damage should be compensated by the Defendant.

In regard to this, the defendant did not enter into a lease agreement with the plaintiff on the second floor of the building of this case, and only agreed to lend for use. Thus, even if the plaintiff suffered losses due to the flood accident of this case, the defendant is not liable to compensate the defendant.

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