logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.22 2016가단27958
손해배상(기)
Text

1. The Defendant’s KRW 17,769,080 with respect to the Plaintiff and KRW 5% per annum from January 12, 2017 to August 22, 2017.

Reasons

1. Facts of recognition;

A. On January 2016, the Plaintiff is a person operating the inspection hall on the branch floor of the Jongno-gu Seoul Metropolitan Government Building C, and the Defendant is a person who leased the above inspection hall directly upper floor (the first floor) and operated the said inspection hall.

(b) January 25, 2016; and

1. Around 26.26. A water leakage accident occurred on the floor of the Defendant’s “Wridge” facility, resulting in damage to the facilities, such as a ceiling, ridge, etc., as water flows out of the Plaintiff’s inspection room, walls, etc. on the lower floor.

C. The water flown into the inspection gate was confirmed to have been installed in an unused state in the upper floor, as a result of the inspection of the floor water leakage level, on the PB pipe pipe, etc. installed on the floor by the Defendant’s possession and use of the water, such as the PB pipe installed on the floor.

As a result, it is presumed that the piping wave accident occurred in which the outside temperature of the winter iron falls down to the bottom.

[Ground of recognition] Items A, 1, 2, and 7 as a whole, and the purport of the whole pleading

2. Determination

A. Under Article 758 of the Civil Act, the liability for damages incurred to another person due to a defect in the installation or preservation of a structure is primaryly the possessor of the structure who actually occupies and manages the structure, directly and specifically, while controlling it directly and indirectly.

(See Supreme Court Decision 92Da23551 delivered on January 12, 1993). According to the above facts, the Defendant, the possessor of the first floor of the instant building, is liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to the water leakage accident caused by the defect in the installation and preservation of the shower facilities pipes inside the Subdivision business place, which he/she occupied and used, pursuant to Article 758 of the Civil Act.

B. If the scope of damages liability exceeds health room, Gap evidence Nos. 3 through 7, images, witness D’s testimony, and overall purport of the pleading, the damage suffered by the plaintiff due to the leakage of this case shall be the plaintiff’s inspection room.

arrow