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(영문) 광주지방법원 2018.03.30 2017가단12481
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff is the owner of the third floor D of the building in Gwangju Mine-gu (hereinafter “instant healthcare building”). The Defendant is an organization that manages the entire building including the instant healthcare building (hereinafter “instant building”).

The Plaintiff operated “E” at the instant healthcare center from around 4 to 5 years, and water leakage occurred in the ceiling.

The plaintiff requested the defendant to repair several times, but the defendant transferred his responsibility to the owner and lessee of the building Fho Lake, the above floor, and neglected to do so.

As a result, the Plaintiff suffered damages of KRW 15,493,384 equivalent to 10,793,384 of the cost of repairing defects incurred in the instant healthcare course, etc. and KRW 15,700,000 equivalent to the gross amount of KRW 1/2 of the net amount of KRW 4,700,000 due to water leakage, and thus, the Defendant is liable to compensate for such damages. The Defendant also is liable to pay KRW 2,00,000 for damages caused by water leakage to the image, etc. of the fitness course operated by the Plaintiff.

B. The number of water leakages from the head of the Defendant’s health center is due to the management defects of the above floor.

There is no proof as to whether the machinery used in the healthcare has been damaged due to water leakage.

2. The key issue of the instant case is whether the water leakage, seen as seen in the instant healthcare ground, was due to the management defect of the building in the instant case.

In full view of the contents of the appraiser G’s appraisal report and the purport of the argument, the instant building cannot be confirmed with a general steel structure (a concrete studs on the tete board), and the water leakage phenomenon of the instant health strings appears not to have occurred due to the incomplete construction of the instant building, and the water used in the health laund located on the upper floor of the instant health lag can be seen as the floor, and the water used in the health laundry room located on the upper floor of the instant health lapsing down with the floor, and the water leakage in the instant health laund is also in the vicinity of the washing pipes.

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