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(영문) 서울남부지방법원 2016.12.23 2014가단239123
손해배상(기)
Text

1. Defendant B and C jointly share KRW 8,942,50 for the Plaintiff and 5% per annum from October 18, 2014 to December 23, 2016.

Reasons

1. Basic facts

A. On September 20, 2012, the Plaintiff leased No. 308 (hereinafter “Plaintiff”) among the 308 F buildings of the fourth and tenth floor above the ground (hereinafter “instant building”) located underground in the luminous time with the approval of use on September 20, 2012, and is engaged in cosmetic-related business, such as the neons, from early 2014, with the trade name “G”.

B. Defendant D is a person who owns No. 408 of the instant building (hereinafter “Defendant D”) and Defendant B and C operate a restaurant with the trade name “H” from Defendant D’s shop.

C. On February 27, 2014, Defendant B and C paid insurance money of KRW 3,40,000 to the Plaintiff on May 2, 2014 through the LIG Non-Life Insurance Business License Policy, which they purchased. On July 3, 2014, the Plaintiff paid KRW 3,40,000 to the Plaintiff on May 2, 2014 through the NAG Non-Life Insurance Business License Insurance Policy, and even on July 3, 2014, the water leakage occurred from the NAY’s ceiling, ceiling and wall distribution, floor string, wall distribution, hallway and corridor distribution, hallway and corridor distribution, NAD, and the said Defendants paid KRW 6,359,00 as compensation for damages under the said insurance on October 13, 2014.

(hereinafter referred to as “transferable water accident”) d.

However, on October 14, 2014, there was water leakage from the distribution market of the NAY to the floor into which water flows, and on the following day, the water leakage was continued to flow up to the entrance of the Plaintiff shop, and on October 18, 2014, there was a situation in which water leakage was generated in the Plaintiff’s entire commercial building including not only the four-day art room of the Plaintiff shop, but also the skin management room, sloping room, and sugar room.

(hereinafter referred to as “instant water leakage accident”) / [Grounds for recognition] The parties are not interested in the absence of dispute between them, Gap evidence Nos. 1, 2, 4, 10, Eul evidence Nos. 1, 4 through 7, 9 (including each number), appraiser I’s appraisal result, the purport of the entire pleadings.

2. Determination: Ga. Ga.

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