logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.11.11 2014가단57760
손해배상(기)
Text

1. The Defendants jointly share KRW 7,931,55 with respect to the Plaintiff and KRW 5% per annum from May 4, 2014 to November 11, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff was a cooperative established for the new construction of multi-family housing in Ulsan-gu A, Ulsan-gu, the Plaintiff leased the fourth floor of the building in Ulsan-gu D with a deposit of KRW 50 million and KRW 12 million per month of rent, and installed a model house (hereinafter “the model house of this case”) and sold in lots and recruited general members.

In May 2014, the Plaintiff filed an application for revision to authorization for establishment with the content that the Plaintiff suspended the invitation of the first sale, and changed the Si construction to the head of Ulsan Central District Office.

B. As a doctor, the Defendants jointly operated the hospital on the sixth floor of the above building. On May 4, 2014, the instant model house was flooded and damaged by water leakage due to the hot water wave established in the pertinent hospital.

(hereinafter referred to as the "accident". Expenses incurred in restoring the sample house to its original state shall be KRW 13,219,259, and the necessary period shall be 15 days.

C. The Plaintiff decided to modify the Si Construction Project, and entered into a provisional contract on the development of modern industry and the construction of apartments around October 2014.

This case's model house is now removed by the plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-7, Eul 4, Eul 6, 7 (including paper numbers), the commission of appraisal and the commission of complementary appraisal, the purport of the whole pleadings

2. Determination

A. Since the accident of this case occurred due to the defect in the water season installed by the Defendants, the Defendants jointly and severally are liable to compensate the Plaintiff for the damages in accordance with Article 758(1) of the Civil Act.

However, when the sale in lots is terminated or the construction work is changed, the plaintiff is limited to the defendants' 60% in consideration of the fact that the plaintiff was scheduled to remove or rebuild the model house of this case.

Therefore, the Defendants jointly share 7,931,55 won (13,219,259 won x 60%) to the Plaintiff and 5% per annum under the Civil Act from May 4, 2014 to November 11, 2015, which is the date of adjudication, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

arrow