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(영문) 광주지방법원 2016.02.18 2014가단61475
손해배상(기)
Text

1. The Defendant’s KRW 8,028,00 for the Plaintiff and its related KRW 5% per annum from December 23, 2014 to February 18, 2016.

Reasons

Facts of recognition

The relevant Plaintiff is the owner of the 4th floor building in Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”). From around 2006, the Plaintiff is a person who operated a singing room on the 1st floor above the instant building.

On October 30, 2013, the Plaintiff leased the first floor of the instant building to the Defendant, with a deposit of KRW 20 million, monthly rent of KRW 1.5 million, and the period from November 10, 2013 to November 9, 2018.

At that time, the defendant has been transferred the first floor among the buildings of this case, has carried out artificial fishing construction, and has been operating vava restaurant at that place.

At the time when the Defendant’s alteration of the Defendant’s interior construction and the current status was leased, there was a prefabricated panel structure provisional building on the lower side of the first floor of the instant building. The former lessee used the building as the main room of the restaurant, and there was two drainage tools used on the left side of the household building on the upper side of the household building.

In addition, there was a drainage channel for draining excellent, etc. to the outside part of the right side of the building (hereinafter in this case the drainage channel).

Since the above lease contract, the defendant performed the interior construction of the first floor, and among them, the interior construction of the interior building was changed into the office form.

In the process, the defendant transferred the right wall to the right wall of the building, and opened the drainage route of this case, which exists outside the right wall of the building, into cement, and used it as an internal space of the office.

On the other hand, two drainings on the left-hand floor of a household building used in the previous building have been located inside a warehouse among the inside offices of a household building, so it would no longer be used.

From July 2014 to August 2014, water leakage occurred several times in the area where the instant building is located, and around that time, water leakage occurred in the ceiling of the first floor of the instant building.

However, the defendant's construction of the first floor of the building of this case is the defendant's interior works.

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