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(영문) 대구지방법원 서부지원 2021.02.04 2018가단58858
손해배상(기)
Text

1. The Plaintiff; Defendant B, Defendant C, D, E, F, and G respectively; Defendant H KRW 787,630; Defendant H KRW 1,262,94; and Defendant I. 2.

Reasons

Basic Facts

A. The Plaintiff is the owner of the apartment M-dong (hereinafter referred to as the “instant commercial building”) of the underground floor N-ho commercial building in Daegu-gu (hereinafter referred to as the “instant store”) and the Defendants divided the instant commercial building as shown in the attached Form.

B. On January 1, 2016, the Plaintiff entered into a lease agreement between around 100,000 won, monthly rent of KRW 900,000, and contract period from January 10, 2016 to January 10, 2018 with respect to the instant store.

(c)

On February 2, 2017, around 2017, around the instant store: (a) around the floor, at the time, there was water to the extent that the stormed down on the floor (hereinafter “the flood of this case”). At the time, in order to find out the flood causes, the malle liquid was put into the malle water hole after the instant commercial building, and the malle liquid was flow into the instant store.

(d)

From May 12, 2017 to May 17, 2017, the commercial council consisting of the owners of the instant commercial building, performed the construction of sewage and waste water rooms (see dY AREA and the attached photographs) located behind the commercial building, and spent KRW 5,610,00 on the construction cost.

E. From July 2017 to August 2017, the Plaintiff spent KRW 21,50,000 in total as construction cost by performing the removal of toilets for toilets for the instant store from July 2017, 201, as well as the removal of kitchens, kitchens, waterproofing, and exhausting construction. The Plaintiff spent KRW 80,000,000 as the construction cost of urban gas pipes.

F. On September 21, 2017, one PartO filed a lawsuit against the Plaintiff seeking damages from KRW 16,840,509, and delayed damages from the flood of this case by the Daegu District Court Branch Decision 2017 Ghana 33573, and from December 22, 2017, the Plaintiff paid KRW 10,000,000 to theO until March 31, 2018.

“Voluntary adjustment was established. Accordingly, the Plaintiff paid KRW 10,000,000 to theO around that time.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 5, 7 through 12, and 17, and the result of the on-site verification by this Court, are all pleadings.

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