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(영문) 서울서부지방법원 2019.12.17 2018가단232433
손해배상(기)
Text

1. Defendant D and E jointly share KRW 8,600,000 with respect thereto to the Plaintiff, as well as the year from October 9, 2018 to December 17, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a business operator operating beauty rooms with the trade name “H” in Mapo-gu Seoul Metropolitan Government Ftel (hereinafter “instant officetel”). Defendant B and C are the co-owners of the instant officetel I, and Defendant D and E are co-owners possessing, occupying, and using the instant officetel I.

B. On December 12, 2017, around 13:30 on December 13:30, 2017, a large volume of water that flows out in the instant officetel I, and the tent of a cosmetic store, wall surface, and furniture, were found to have been damaged by milching in the water.

(hereinafter referred to as “instant water accident”). . [Grounds for recognition] . [In the absence of dispute, Gap’s statements or images set forth in Gap’s 1, 2, 5 through 9, and Eul’s evidence or set forth in Eul’s 1 through 4, the witness’s testimony and the purport of the whole pleadings.

2. Assertion and determination

A. The summary of the Plaintiff’s assertion is that water flows out from the fences installed in the instant officetel I, and the water flows out. As Defendant B, C, as the owner of the instant officetel, Defendant D, and E, as the direct possessor of the instant officetel, are responsible for compensating for damages arising from defects in the preservation and management of the relevant structure.

Therefore, the Defendants jointly asserted the amount of KRW 50,960,00 as damages incurred to the Plaintiff due to the instant water leakage incident as KRW 12,684,744, the sum of KRW 8600,000,000 and KRW 4,084,744, the total amount of the final amount of damages caused by damage to the interior of the store of damages by a preparatory document dated November 14, 2019, but did not modify the purport of the claim. Therefore, the Defendants stated the Plaintiff’s claim for damages in accordance with the purport of the claim.

(1) The store's interior damage of KRW 47,960,00 for business damage of KRW 3,000 for business damage of KRW 47,960 for loss and damages for delay shall be liable.

B. Determination as to the claim against Defendant D and E 1) A’s evidence 13, Eul’s evidence 7, and the entire purport of the pleading in light of the witness J’s testimony.

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