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(영문) 수원지방법원 2017.12.14 2014가단25647
대여금
Text

1. Defendant D and E shall be jointly and severally (Provided, That Defendant D shall be within the scope of the property inherited from the network C) on 15.

Reasons

1. Facts of recognition;

A. (i) The Plaintiff is the owner of Suwon-si F building 701 (hereinafter “instant 701”) under the name of “G” in the instant 701.

Shed Defendant B is the owner of No. 801, the upper floor of the instant 701 (hereinafter “instant No. 801”); the net C is a person who has been engaged in the artificial fishery; and Defendant E is a person who has been engaged in the removal business.

On the other hand, on June 4, 2015, when the instant lawsuit was pending, the deceased on June 4, 2015, and Defendant D, one of the siblings of C, who was the first heir and co-inheritors, renounced or died, took over the instant lawsuit under the judgment of the Seoul Family Court 2017Ra1625.

B. (i) Defendant B contracted for the construction contract between Defendant B and the network C on March 27, 2013 to the network C for the change of the type of business.

(hereinafter referred to as the “instant contract and construction”). Sheet C, while performing the instant construction under his responsibility, subcontracted the removal work to Defendant E, one of his relatives, around that time.

C. (i) On April 10, 2013, Defendant E destroyed and damaged fire-fighting sprinklers during the removal work under the direction and supervision of the Network C, and thereby resulting in damage to water leakage on the wall, etc. of the instant case.

(hereinafter “instant accident”). The Plaintiff spent the sum of KRW 7,209,950 for the first repair cost due to the instant accident, and KRW 8,750,000 for the repair of defects in the future.

[Grounds for Recognition: Facts without dispute; Gap evidence 1-13; Eul evidence 1-6 (including the number, if any); the records and images of these evidence; the result of the on-site inspection by this court; the result of the appraiser H’s appraisal; the purport of the whole pleadings]

2. Determination as to the plaintiff's claim against the defendant B

A. The plaintiff's assertion B is about this.

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