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(영문) 서울중앙지방법원 2019.09.20 2018나79232
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 1, 2016, the Plaintiff imported beauty art supplies and sold them to beauty parlors, and on the lease from the Defendant of Dongjak-gu Seoul Metropolitan Government (hereinafter “instant warehouse”) at KRW 380,000 (excluding value-added tax) for a fixed period of two years, monthly rent, 380,000 (hereinafter “instant lease agreement”). Since then, the Plaintiff kept the goods distributed and sold in the instant warehouse.

B. On July 8, 2017, the Defendant paid KRW 1,200,000 by offsetting the monthly rent from the Plaintiff around that time in relation to damage caused by inundation-related accidents, where the products kept by the Plaintiff were damaged by putting water in the above warehouse due to water leakages in the toilets above the instant warehouse (hereinafter referred to as “predive flood accidents”).

C. However, on February 8, 2018, the occurrence of an accident where water flowing out due to the dynamic wave of the instant building located in the warehouse entered the said warehouse and the goods kept by the Plaintiff were damaged by drinking water, etc. (hereinafter “the flood accident”). D.

On February 12, 2018, the Plaintiff received the cost of director from D and moved goods from D to another place.

E. The Defendant returned the lease deposit to the Plaintiff on April 2, 2018, which was around the expiration date of the instant lease agreement.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 22, and the purport of whole pleading

2. Determination

A. The plaintiff's assertion is obligated to pay the plaintiff a total of KRW 15,000,000 to the plaintiff for property and mental damage caused by the damage to the plaintiff's products due to the flood accident of this case.

B. (i) According to the facts acknowledged, the flood damage of this case remains in a state suitable for the use of leased objects by removing the defects of the drainage facilities of the warehouse of this case, even though the preceding flood accident occurred.

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