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(영문) 서울중앙지방법원 2019.11.28 2019나30401
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. The E Association (hereinafter “instant association”) ordered the Defendant to build a new commercial building in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant commercial building”), and the Defendant commenced the construction of the instant commercial building from March 10, 2014.

B. On July 31, 2014, the instant association entered into a supply contract for G-ho store and H-ho store among the instant commercial buildings with Plaintiff C; on October 30, 2015, the Plaintiff entered into a supply contract for I-ho store among the instant commercial buildings; and on December 19, 2015, a supply contract for J-ho store among the instant commercial buildings with Plaintiff B, respectively.

(hereinafter referred to as the “each of the instant stores” in combination with the said stores that the Plaintiffs purchased.

On July 10, 2017, according to the telecommunication cable in which a large amount of telecommunication man installed in the vicinity of the commercial building of this case was flooded and flooded, the accidents involving rainwater flow into the inside of the first floor of the commercial building of this case caused damage to the corridor ceiling and floor materials of the first floor of this case.

As of July 18, 2017, the director of the instant commercial construction site of the Defendant prepared a letter of undertaking as follows (hereinafter “instant letter of undertaking”) and issued it to the instant union.

On July 10, 2017, I undertake to change the ceiling of G and H and I as well as of the head of J and its front corridor within one week after the completion inspection (scheduled July 28).

E. On July 31, 2017, the head of Yongsan-gu grants authorization for the completion of the instant commercial building; and around that time, the instant trade association provided guidance for the salesroom occupants during the period from August 1, 2017 to September 14, 2017.

F. On July 31, 2017, Plaintiff A and the I shop of this case are KRW 50 million (in the event of a contract, KRW 5 million shall be paid at the time of the contract, KRW 45 million shall be paid on August 15, 2017), monthly rent of KRW 5 million, and the term of the lease shall be from the date of delivery to August 14, 2018.

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