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(영문) 대전지방법원 2020.02.12 2018가합105822
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 33,588,360 to the Defendant (Counterclaim Plaintiff) and its related amount from August 31, 2019 to February 12, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The pertinent Plaintiff of the parties is the owner of the Jung-gu Daejeon metropolitan apartment D (hereinafter “D”) and the Defendant is the owner of the same apartment E (hereinafter “E”).

B. Around November 17, 2016 and around June 20, 2017, water leakage from the boiler pipes in D, as indicated in the separate sheet, was discharged into E.

(hereinafter “instant water accident”). C.

The Defendant’s director 1) In the instant water accident, the Defendant, on August 26, 2017, the Daejeon Jung-gu Seoul Special Metropolitan City F apartment G (hereinafter “the instant temporary housing site”).

(2) From September 9, 2017 to July 22, 2019, the Defendant leased KRW 40 million, monthly rent of KRW 650,00,00 and resided in the instant temporary residential area. (2) During the process of leasing the instant temporary residential area, the Defendant spent KRW 346,50,000 for real estate brokerage commission, KRW 2580,00 for directors, and KRW 40,000 for the leased deposit received, while residing in the instant temporary residential area, and paid KRW 4,023,944 for interest on KRW 40,00 for the leased deposit, monthly rent of KRW 14,650,00 for KRW 14,650 for the instant temporary residential area, and KRW 3,497,710 for the management expenses of the instant temporary residential area.

On the other hand, the repair cost of subparagraph 30,258,00 won for the repair cost of subparagraph 3 due to the water leakage accident in this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 10, Eul evidence 1 to 10, the result of the on-site inspection by this court, appraiser H's appraisal result and the purport of whole pleadings

2. Determination on the principal lawsuit and the cause of counterclaim

A. According to the facts of recognition as above, the Plaintiff, the owner and the possessor in subparagraph D, is liable to compensate the Defendant for the damages caused by the water leakage accident in this case.

B. 1) The part of the Plaintiff’s liability for damages for property losses is collected: (a) the repair expenses under subparagraph (e) incurred by the Defendant due to water leakage accident in the instant case; (b) the director’s expenses 2,580,000; and (c) the management expenses under subparagraph 100,360, and the monthly rent 650,000,000, out of the expenses incurred by the Defendant.

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