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(영문) 서울서부지방법원 2016.04.28 2015가단86
손해배상
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,559,080 to the Plaintiff (Counterclaim Defendant) and its related amount from January 10, 2015 to April 28, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts following the facts do not conflict between the parties, or can be acknowledged if the witness B's testimony and witness C's witness's partial testimony were presented in each description of Gap evidence Nos. 1, 2, 7 through 9, and Eul evidence No. 2. A.

The Plaintiff was a person who leased from November 1, 201 to run a general restaurant in Mapo-gu Seoul Metropolitan Government No. 101 (hereinafter “instant building”). The Defendant is a business operator entrusted with the management services of the entire D.

B. On September 2012, the Plaintiff terminated the said lease agreement, and the Plaintiff continued to perform the removal of the interior works of the instant building from September 20, 2012 to September 30, 2012.

C. On September 24, 2012, workers entrusted by the Plaintiff with the removal of fire hydrants, operated the Defendant’s managing director C, and prevented a water pipe valve connected to the fire hydrant.

C sent the key to the removal work site to the 1st underground floor, and returned and notified the key when the construction is completed. D.

The removal work workers laid down in order to continue the next removal work while cutting the water pipes.

E. On the same day, C opened a valve of a water pipe to determine that the construction was completed due to the removal of the removal construction work site without returning the keys while the workers were at the construction site, and there was an accident where a large quantity of water was emitted from the cut water pipe and the performance hall of the second and third underground floors was diving into the water (hereinafter “instant accident”).

F. M&C Co., Ltd. possessing the second and third underground floors claimed compensation for damages caused by inundation accidents to the Plaintiff. On November 9, 2012, the Plaintiff paid KRW 22,000,000 as compensation for damages to the said company.

G. The Plaintiff’s total management expenses from October 2012 to March 2013 for the instant building. 13,040.

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