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(영문) 수원지방법원안양지원 2016.12.22 2015가단21149
손해배상(기)
Text

1. The Defendant’s KRW 6,800,000 as well as 5% per annum from August 25, 2015 to December 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner under Articles 201 and 202 of the former Condominium Building C (hereinafter “instant Building”) during Ansan-si, and the Defendant is the owner under Article 301 of the instant Building.

B. From May 1, 2012 to April 30, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting the lease term as KRW 15 million, and KRW 1700,000,000 per month for the instant building between D and D. The instant lease agreement was renewed every one year thereafter, and lessee D operated a childcare center on the instant leased object.

C. The instant lease agreement was terminated at the lessee’s request on February 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including evidence attached with a serial number), the purport of the whole pleadings

2. Although water leakage occurred from the first patrolman of the instant building, which was owned by the Defendant, on August 201, 2014, and water flows into a tent of the instant leased object, the Defendant did not repair it at all time, and thereby, the Plaintiff was damaged due to the lessee D’s notification of termination of the instant lease agreement on the ground of water leakage around February 2015. Thus, the Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff due to such tort.

The Plaintiff’s specific amount of damages is ① KRW 10.2 million equivalent to the rent for six months from January 1, 2015 to June 30, 2015, including the rent of KRW 3.4 million, which was deducted from the Plaintiff’s water leakage, for six months from January 1, 2015 to February 30, 2015 (=1.7 million x six months) and ② from July 1, 2015 to April 16, 2016, by the Defendant from July 1, 2015 to September 15, 2016.

3. The plate number Nos. 3, 6, and 8 shall be attached.

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