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(영문) 춘천지방법원원주지원 2020.03.24 2017가단31653 (1)
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 93,133,728 and its amount from February 6, 2016 to March 24, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On September 16, 2015, the Plaintiff leased the building indicated in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant as KRW 130,000,000, and the lease term from October 18, 2015 to October 18, 2021, respectively.

(hereinafter “instant lease agreement”). B.

The Defendant paid KRW 130,000,000 to the Defendant around the time of the instant lease agreement, and resided in the instant building from October 18, 2015.

C. The Defendant did not reside in the instant building for 35 days out of 50 days from December 18, 2015 to February 5, 2016, and did not make the minimum heating, etc. for the prevention of the same wave even though Han wave had occurred.

As a result, around February 5, 2016, water supply pipes for small urinals rooms in the instant building were removed and leakage occurred.

(Appraisal C’s appraisal statement as of January 3, 2018 and appraiser D’s appraisal statement as of October 25, 2019. (See each appraisal statement as of October 25, 2019)

As a result of water leakage, the Plaintiff sustained damages of KRW 37,832,063 in total with the construction cost for repair of the 1,200th floor, walls, floors, electric lamps, electric installations, and furniture (i.e., 37,832,063 in total (i.e., an appraiser E’s appraisal report on May 11, 2018, and an additional appraisal amount of KRW 36,312,063 in response to the inquiry report on November 6, 2018), and damages of KRW 43,00,00 in total with the recovery cost of the 1st floor and the 1st floor, and the 1,520,000 in total (an appraisal report on June 10, 2019; iii. 350,000 in total with the replacement cost of pipes due to such waves; 46,312,060 in total with the removal cost of KRW 16,306,560.

[Ground of recognition] Unsatisfy facts, Gap's statements and images, appraiser C, E, F, and D's expert statements, fact inquiry statements, results of this court's verification, the whole purport of arguments, as a result of this court's examination

2. The facts of the recognition of the judgment on the principal claim.

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