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(영문) 서울동부지방법원 2016.04.01 2013가단47461
손해배상
Text

1. The Defendant’s KRW 7,005,00 and the Plaintiff’s annual rate of KRW 5% from September 24, 2013 to April 1, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is an occupant who leases Songpa-gu Seoul Metropolitan Government (hereinafter “instant apartment”) No. 101 on the first floor (hereinafter “instant restaurant”) and operates a restaurant business in the name of “D” at that place, and the Defendant is the managing body of the instant apartment.

B. From around 05:00 on September 30, 2010 to 07:30, among the instant public housing, an accident occurred that, among the instant public housing, approximately 2 to 3 tons of high pressure, which came up on the upper floor, was leaked due to the fall-off of the steering part of pipes connected to the pipelines for hot water supply inside the steering wall of the front wall of the living room, and that came up to the upper floor, and the said hot water was leakaged as the main bank of the instant restaurant, and the total restaurant is flooded (hereinafter “instant accident”).

C. According to the management rules of the collective housing in this case, the management entity has a duty of care as a good manager to manage the affairs within the scope of common areas in the relevant complex in accordance with the matters decided by the council of occupants' representatives (Article 23(1)); the representative of the management entity and its employees shall be liable to compensate for damages if they have caused damages to occupants, etc. or third parties by intention or negligence in relation to their duties (Article 23(2)); and the management entity shall perform duties such as the maintenance, repair, inspection, etc. of common areas and appurtenant

(Article XXIV, Section 1). (d)

Meanwhile, at the time of the instant accident, the Defendant entered into a management contract with the members comprehensive management company (hereinafter “non-party company”) on the instant multi-family housing with the non-party company to manage the common areas of the instant multi-family housing.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 2, 3, Eul evidence 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the defendant directly or the defendant is liable for damages.

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