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(영문) 서울중앙지방법원 2016.12.22 2016가단29348
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 - The Plaintiff is the owner of an apartment house (S2 dong; hereinafter “instant house”) on the D’s ground and the second floor of the D’s ground-based general wood structure width and the penty complex (hereinafter “the instant penty complex”) among the penty complex created on the land of Gangwon-gu, Suwon-gun, Suwon-gun, and the Defendant is the manager who operates and manages four of the instant penty complex 15.

Around March 2015, 2015, E, the manager of the instant house, where the instant house was located, opened a water pipe and boiler pipe so that water pipes and boiler pipes do not ice if it was erroneous due to the error in 12 degrees in Young-do.

Around March 5, 2015, the Defendant laid a drainage valve connected to the instant house from the joint water tank room of the instant pentaegy complex on the ground that water sand is found in the boiler room of the instant house. On April 5, 2015, the Defendant laid the said drainage valve.

In this case, the water developed into the boiler room of the instant housing (hereinafter “instant accident”) . [Grounds for recognition] Gap 1 and 6 evidence, and the purport of the entire pleadings

2. The Plaintiff’s assertion - around March 2015, the Defendant: (a) even aware of the fact that the drainage valves connected to the instant water in the water tank room might occur in the event of diving; and (b) laid a water tank for the instant water tank around April 5, 2015.

- In this process, there is no notification to the plaintiff or the plaintiff's consent.

- On April 1, 2015, the Plaintiff entered into a lease agreement with the East Industry Co., Ltd. and the instant housing with a lease deposit of KRW 10 million per annum, KRW 20 million per annum, and the lease agreement from April 1, 2015 to December 31, 2017. On April 5, 2015, the Defendant opened a lock-line water valve and opened the boiler and opened the boiler to turn water out of the boiler pipe to the instant housing, and the said lease agreement is concluded.

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