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(영문) 서울중앙지방법원 2016.07.15 2014가합45220
입회금반환
Text

1. The Defendant (Counterclaim Plaintiff) Company B is from September 18, 2014 to the Plaintiff (Counterclaim Defendant) as well as from September 18, 2014.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the owner of the E (hereinafter “instant building”) located outside Dongjak-gu Seoul Metropolitan Government and seven lots of land (hereinafter “instant building”) No. 602 of the 602 (hereinafter “instant 602”). The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is operating the F fixed-type hospital (hereinafter “instant hospital”).

B. Defendant C (hereinafter “Defendant C”) is the owner of the 7th to 12th floor among the instant buildings, and the Defendant (Counterclaim Plaintiff) B Co., Ltd. (hereinafter “Defendant B”) leased from Defendant C the 7th to 12th floor (hereinafter “instant 7th floor”) among the instant buildings, and operates a film theater (hereinafter “instant film theater”) at the said store.

C. On August 2012, the Plaintiff discovered that water flows out at the SOT sports treatment room site of the instant 7th floor sewage pipe (hereinafter “instant sewage pipe”) around the water leakage around the instant 7th floor sewage pipe (hereinafter “instant 7th floor”). However, Defendant B did not take measures to prevent water leakage.

Even thereafter, on November 19, 2012, November 21, 2012, 2012, December 11, 2013, and December 11, 2013, the Plaintiff discovered water leakages around the instant sewage pipelines, and the Plaintiff re-exploited them in Defendant B, and Defendant B took temporary measures to prevent water leakages, such as developing a dam.

E. At around 10:50 on July 20, 2014, water leakage began in the instant sewage pipeline, and considerable amount of sewage was lowered into the floor, medical device, or was flooded on the floor by directly lowering the floor through the sewage pipeline after the Plaintiff removed a part of the ceiling materials.

(f) The Plaintiff’s damage and contamination occurred due to the leakage of water in this case.

G. Afterward Defendant B, the instant case.

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