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(영문) 인천지방법원 2017.03.29 2016나63296
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In fact, the Plaintiff is operating a sponse room by leasing the three-story part of the Incheon Yeonsu-gu Ground Building C, and the Defendant leased the four-story part of the above building and operates a health room.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. Determination

A. The Plaintiff asserts that “The Defendant has a duty to compensate the Plaintiff for damages, as the Plaintiff suffered water leakage due to the fourth defect in the possession of the Defendant, and thereby causing interference with the business, such as delay in the interior of the third floor owned by the Plaintiff, etc., and thus, the Defendant has a duty to compensate the Plaintiff.”

However, as to whether leakage occurred due to the defect in the installation or preservation of the fourth floor possessed by the defendant, it is not sufficient to recognize only the items of evidence Nos. 1-1, 2, 2, and 3, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

B. The Plaintiff asserts that the Defendant’s claim on the Defendant’s liability agreement is with the purport that “ even though he was unaware of the fact that the number of the third floor of the Plaintiff occupied was incurred due to the defect in the installation or preservation of the part occupied by the Defendant, the Defendant succeeded to the liability of the building owner for damages incurred to the part occupied by the Plaintiff, and agreed with the Plaintiff at the time of compensating and compensating for the damages.”

However, the plaintiff is not able to present any evidence to prove the existence of the agreement up to the trial. Thus, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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