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(영문) 인천지방법원 2020.07.08 2019가단226776
손해배상(기)
Text

1. The Defendant’s KRW 19,200,000 as well as 5% per annum from April 18, 2019 to July 8, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Seo-gu Incheon Metropolitan City building C and D (hereinafter “D”) and the Defendant is the owner of the above-story E (hereinafter “E”).

B. On March 9, 2017, the Plaintiff entered into a lease agreement with F Co., Ltd. (hereinafter “F”) to lease the instant real estate with a three-year period from March 31, 2017 to March 30, 2020 (hereinafter “instant lease agreement”).

(c)F incurred loss due to water leakages generated under subparagraph (e) while using subparagraph (D) and the Defendant side performed repair work.

However, even after the repair work, there were several leakages, and on October 31, 2017, F sent to the Plaintiff a document verifying the termination of the instant lease agreement on the ground that the Plaintiff was obstructed by business due to a total of seven instances of water leakages.

On November 10, 2017, the Plaintiff: (a) terminated the instant lease agreement with F; (b) exempted the rent of KRW 2 million for the immediately preceding month immediately preceding the termination due to compensation for damages; and (c) agreed to additionally pay KRW 4 million.

The main point of the appraisal results for the causes of leakage by expert witnesses is as follows.

-The circumstances in which water leakage is considered to have occurred due to defects in drain pipes, waterproof layers and sewage pipes from the lower part of the lower part of the air conditioners and air conditioners, the water leakage in this case is presumed to have occurred as a result of the examination of the above contents. The water leakage in this case is presumed to have occurred due to consolidation of the main floor of the pipe for the operation of restaurant business, the installation and maintenance of drainage facilities, and the management defects.

E. On August 17, 2018, the Plaintiff leased to the new lessee after the termination of the instant lease agreement.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, 8, 9 (including branch numbers; hereinafter the same shall apply), appraisal result, the purport of the whole pleadings

2. Occurrence and occurrence of liability for damages.

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