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1. Of the judgment of the court of first instance, KRW 3,500,000 against the Plaintiff and its related thereto are from April 9, 2016 to June 14, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff leased and operated the 2nd floor among the 4th floor of the instant building (hereinafter “instant building”). The Defendant leased the 3th floor among the instant building and operated the “FAD”.
B. However, water purifiers of the third floor of the instant building occurred due to destruction on January 28, 2016, and water leakage (hereinafter “water leakage”) and flown up to the second floor of the instant building.
C. On March 22, 2016, the Plaintiff and the Defendant agreed to the Plaintiff’s compensation amount for damage caused by the instant water leakage as KRW 7 million including electrical construction. The amount of compensation is the payment key until April 8, 2016, and the Plaintiff is not liable for the said case to the Defendant (hereinafter “instant agreement”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion is that the plaintiff is the possessor of the third floor structure of the building of this case, with a duty to compensate the plaintiff for damages for total amount of 18,160,000 won (3,965,00 won for repairing the floor board of the Do floor, electricity construction cost of 925,00 won, 22 computers for taking courses, 22 Nowon-gu, 130,000 won for sn beam project, 9,130,000 market price of 10 teaching materials and personal books of students, 2,00,000, 50,000,000,000 market price of freezing food stored in a cooling house, and 7 students who were unable to get discharged due to the deterioration of the private teaching institute's environment, and 1,610,000,300, 300,000 won for cleaning project and damages equivalent to 0,000 won).
B. (1) The liability for damages incurred to another person due to a defect in the installation or preservation of a structure pursuant to Article 758 of the Civil Act is the first structure that actually occupies and manages, directly and specifically, the structure.