logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.11.12 2018가단133615
손해배상(기)
Text

1. On January 28, 2018, the Plaintiff against the Defendant regarding the leakage from the fourth floor of the Seoul Special Metropolitan City, Nowon-gu building.

Reasons

1. The fact that the Plaintiff is the owner of the fourth floor building located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”); the fact that the water pipe was leaked from the fourth floor of the instant building on January 28, 2018; and the fact that the Defendant, the lessee of the third floor of the instant building, was flooded (hereinafter “instant accident”) does not conflict between the parties.

According to the above facts of recognition, the plaintiff is responsible for compensating the defendant for the damages suffered by the defendant due to the accident of this case.

2. The plaintiff asserts that the amount of damages of the defendant due to the accident of this case does not exceed KRW 25 million, and the defendant asserts that the amount of damages of the defendant due to the accident of this case reaches KRW 80,209,350.

According to the result of the appraisal commission of appraiser D and the purport of the entire pleadings by the court, it is reasonable to view the Defendant’s damages incurred by the instant accident as KRW 50,792,188.

[1] The defendant's assertion that the defendant's damages amounted to KRW 80,209,350 due to the accident in this case is insufficient to admit the defendant's assertion that the defendant's damages amounted to KRW 80,209,350 due to the accident in this case, and there is no other evidence to prove it.

② In addition, according to the Plaintiff’s filing of the suit in this case while disputing the amount of damages for the instant accident, the Defendant did not use the leased object that the Defendant had kept in custody of the said clothing, and paid it. While the Plaintiff asserted that the Plaintiff was liable for considerable damages for 50% of the rent paid by the Defendant during the said period, the evidence alone presented by the Defendant is difficult to recognize the causal relationship between the instant accident and the Defendant’s assertion’s damage. The Defendant’s assertion is limited to the case where the Plaintiff, who was the perpetrator, was aware or could have known of such circumstances.

arrow