logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.31 2019나62895
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 30, 2016, the Plaintiff entered into a lease agreement with the Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) on the lease of deposit KRW 7 million from January 10, 2017 to January 9, 2019, and KRW 680,000 (excluding value-added tax and management fee) (hereinafter “instant agreement”). From January 10, 2017, the Plaintiff operated the four-day commercial building from January 10, 2017.

B. On January 29, 2018, the Plaintiff suffered from the loss of household and products, etc. in a commercial building in which water was accumulated in the ceiling and the wall, etc., due to the water leakage occurring in the instant shopping mall.

(hereinafter “instant accident”). C.

The instant accident was revealed as the cause of water leakage in the new part of the water supply pipe installed in the instant shopping mall, which was used by F or Gho Lakes for public use.

Even after the instant accident, the Plaintiff failed to resume its four-day shop operation as it did not resolve any water leakage problem, and on March 2, 2018, expressed the Defendant’s intent to terminate the instant contract.

E. On November 15, 2018, when the instant lawsuit was pending, the number of water in the said pipes continued to have been leakageed.

F. On January 12, 2019, the Plaintiff delivered the instant commercial building to the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 4, 7, Eul evidence 3, the appraisal result of appraiser E, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the party’s assertion is the owner of the commercial building of this case, who is liable for damages due to defects in the establishment and preservation of a structure, and the lessor who breached his/her duty to maintain the leased object as necessary for use and profit-making.

Therefore, the Defendant is the Plaintiff’s household, product, and goods kept in the instant commercial building due to the instant accident.

arrow