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(영문) 서울서부지방법원 2018.06.29 2016가단33038
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The key issue of the instant case argues that the Plaintiff, as the cause of the instant claim, caused by the water leakage in the ceiling of the factory of the instant underground room that the Plaintiff leased from the Defendant, as indicated in the grounds of the instant claim, had no choice but to dispose of fung food ingredients produced by the Plaintiff. Furthermore, the Plaintiff suffered considerable damages as stated in the purport of the instant claim by bunging materials to be stockpiled.

이에 대하여 피고는 이 사건 지하실의 천장에 누수가 발생한 적은 없고 이 사건 지하실로 진입하기 위한 지하계단 끝 상단부에서 아주 미세한 누수만 있었을 뿐이고 누수 원인을 찾기 위하여 원,피고가 수차례 노력하였으며, 반면 피고는 이 사건 지하실의 습기 제거를 위한 아무런 노�도 하지 않았다고 주장한다.

2. In full view of the evidence No. 2 of the plate No. 2 and the witness C’s testimony, in the lease agreement extended at the Plaintiff’s request, the following: “The overdue overdue portion and road user fee shall be paid at the time of completion of the construction work of water leakage from the branch stairs.” The object of the lease in this case is an underground floor and damp, and the Plaintiff, even though the products produced by the Plaintiff were in effect, should maintain air-conditioning apparatus or facilities in the underground room of this case, which is the storage storage of the Plaintiff, regardless of the entry into force of the products, they should make an adequate effort to prevent water leakage from the ground of the instant order. However, even though the Plaintiff had water leakage in the ceiling, the above special agreement explicitly stated that the water was limited to “the upper part of the branch stairs”, and in light of the fact that the Defendant and the Defendant conducted several investigations on the water leakage of the part of the branch stairs in this case, the Defendant appears to have made adequate efforts to prevent water leakage from the ground of the instant order.

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