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(영문) 수원지방법원안양지원 2016.08.11 2015가단109360
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The basic facts are: (a) Plaintiff A shopping mall (hereinafter referred to as the “Plaintiff prosperity”) is an organization comprised of shop occupants (owner or lessee) of the former A apartment shopping mall (hereinafter referred to as “sales mall”) during Ansan-si; and (b) the rest of the Plaintiffs is part of the shop occupants.

On September 19, 2013, the public official in charge of the defendant opened a shopping mall index (the main measuring instrument valve) in order to conduct a water testing after completing the water leakage repair work of a water supply pipe near A apartment.

On September 20, 2013, the automatic water level control valve (ball tower) in the commercial water tank was broken, and the underground flooding of the commercial building was flooded.

(hereinafter referred to as “instant accident”). [No dispute exists on the ground of recognition], Gap evidence 1, Eul evidence 1, 2, and the purport of the entire pleadings, the automatic water level adjustment valve in the commercial water tank was adjusted by opening and closing an index valve every certain hour at the time of the plaintiffs’ assertion to the purport of the whole pleadings.

As the index valve was opened normally at the time, the opening was normal, and the public official in charge of the defendant's public official has a duty of care to open, and when the water testing was completed, he neglected to set the index valve, which caused the flood accident, so the defendant is liable to compensate for the damages suffered by the plaintiffs due to the accident of this case.

Judgment

The defendant's main defense is not a management body under the Act on the Ownership and Management of Aggregate Buildings, so the defendant's main defense is not a party's ability.

Plaintiff

It is an organization consisting of the shop occupants (owners or lessees), and lessees can be seen as representing the owners, so it can be seen as a management body consisting of all the sectional owners under the Act on Ownership and Management of Condominium Buildings, which can be seen as a management body consisting of all the sectional owners.

The defendant's main defense is without merit.

The accident of this case is a commercial building.

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