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Reasons
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(영문) 청주지방법원영동지원 2020.06.12 2018가단5316
손해배상(기)
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1. Defendant D’s KRW 4,926,60, and KRW 6,95,100 to Plaintiff A, and each of them shall be from November 2, 2019 to June 20, 2020.

Reasons

1. Facts of recognition;

A. On February 5, 2003, Plaintiff A is a person who operates a beauty room after completing the registration of ownership transfer with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “E”), and Plaintiff B is a person who operates an entertainment tavern with the trade name “G” after completing the registration of ownership transfer with respect to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “base F”) on January 14, 201.

B. Preliminary Defendant completed the registration of ownership transfer with respect to the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “H”) on May 8, 1992, and the primary Defendant entered into a lease agreement with the conjunctive Defendant on January 2, 2018, and is a person who occupies H from February 2, 2018 and operates a restaurant.

C. From around 2018, water leakage (hereinafter “water leakage in this case”) occurred at the ceiling and wall of E and underground floors F, and the Plaintiffs demanded the preliminary Defendant to prepare the countermeasures, but the water leakage continued without resolving it.

The water leakage of this case was caused by multiple 17,031,00 won in total for repairing costs incurred in restoring damages caused by water leakages (i.e., underground floor F No. 7,038,000 won, including value added tax of KRW 9,93,00 in total).

[Based on the basis of recognition] A without dispute, Gap evidence Nos. 1 through 3, 5 through 13 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2, Eul evidence Nos. 1 and 2, and as a result of the appraiser I’s appraisal and supplementation, the conjunctive defendant did not specify the parts arising from water leakage in H, as well as the part of H’s floor l and drainage sirens, and the part installed outside the building of this case.

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