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(영문) 서울중앙지방법원 2020.02.19 2018가단5230291
손해배상(기)
Text

1. The Defendants jointly share KRW 59,88,240 with respect to the Plaintiff and the period from December 11, 2019 to February 19, 2020.

Reasons

1. Basic facts

A. (1) From February 2016, the Plaintiff is a person who engages in wholesale and retail business of medical appliances in Seoul Special Metropolitan City, Nowon-gu, E and F with the trade name “D.” (2) On January 19, 2018, the Plaintiff entered into a lease agreement with the Defendants on the condition that the lease deposit is KRW 20,000,000, monthly rent of KRW 1,500,000 (Additional Tax), management expenses, KRW 200,000,000, and the lease agreement with the Defendants from February 5, 2018 to February 4, 2020 (hereinafter “instant lease agreement”).

3) On the date of the contract, the Plaintiff paid each of the intermediate payment of KRW 8,000,000 on January 29, 2018, the intermediate payment of KRW 10,000,000, and the remainder payment of KRW 10,000,000 on February 5, 2018, and began operating a medical device wholesale and retail business upon delivery from the Defendants. On February 12, 2018, the location of the instant leased object in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu E and E, as the leased object in this case, and the trade name on February 27, 2018 from “D” to “H”. (b) On February 11, 2018, the Plaintiff reported the correction of the location of the instant leased object in Seoul Special Metropolitan City, Nowon-gu E and F, Nowon-gu, as the leased object in this case, and the leakage of water and flood damage occurred on February 11, 2018.

2) On February 11, 2018, the two-lanes of new walls have occurred, and the safety measures have been taken by fire fighters, dispatched on February 11, 2018 upon receipt of a report on February 11, 2018. 3) As seen above, water leakage occurred on the 10th floor of the instant building, and a large quantity of water flow out into the leased object, which is below the lower floor. Accordingly, medical appliances stored in the leased object at the time of the Plaintiff’s lease and their packing materials were damaged by water.

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