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(영문) 대전지방법원 2020.02.06 2018가단217162
손해배상(기)
Text

1. Defendant C:

(a) KRW 45,900,000 and interest thereon shall be 12% per annum from November 2, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the owner of Seo-gu Daejeon, Seo-gu, Daejeon, D, 1st E, and F (hereinafter “instant 1st floor store”).

Defendant B is the owner of Seo-gu, Daejeon, Seo-gu, Daejeon (hereinafter “instant 2nd floor store”) and Defendant C is the lessee of the instant 2nd floor store.

B. On November 15, 2017, the Plaintiff: (a) leased the instant 1st floor store to Nonparty I by setting the lease deposit amount of KRW 30 million; (b) KRW 2.7 million per month; (c) from November 30, 2017 to December 29, 2019; (d) Nonparty I operated the instant 1st floor store with the trade name “J” at the instant 1st floor store around that time; (b) on January 29, 2018, Defendant B leased the instant 2st floor store to Defendant C with the lease deposit amount of KRW 50 million; (c) KRW 37 million per month; and (d) from February 1, 2018 to December 28, 2019.

From around that time, Defendant C operated a restaurant with the trade name “K” after performing interior works at the 2nd floor store of this case.

C. 1) From March 1, 2018, the number of water leakages occurred at the place of the 1st floor store in this case from the lower patrolman, and from July 2018, the Plaintiff and I demanded the Defendants to take measures against this occurrence, but the problem of water leakages was not resolved even from July 2018. The I notified the Plaintiff that the lease contract for the 1st floor store in this case was terminated at the 1st floor store in this case, and that the Plaintiff was removed from the 1st floor store in this case on May 2018, and that the Plaintiff was not paid monthly rent after June 1, 2018. 2) A construction business operator who conducted water leakage detection and waterproof construction at Defendant C’s request was found to have caused water leakages around the 2nd floor of the 2nd floor in this case, as a result of walking the top of the 2nd floor building in this case, and caused water leakage and water leakage by sewage pipe damage and cement damage.

3 The 1st floor store in this case remains a tent water leakage around February 2019.

As a result of the appraisal of the relevant case, I are the plaintiff.

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