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(영문) 서울서부지방법원 2019.04.05 2018나31914
손해배상(기)
Text

1.The judgment of the first instance court, including a claim that has been reduced and expanded in the trial, shall be modified as follows:

In this case.

Reasons

1. Basic facts

A. From October 22, 2008, the Plaintiff owned Eunpyeong-gu Seoul (hereinafter “instant Borrowing”) D (hereinafter “instant D”) from October 22, 2008, and the Defendant owned the instant Borrowing E (hereinafter “instant E”) from October 21, 199.

B. On January 15, 2014, the Plaintiff leased the instant subparagraph D to F for a fixed period of two years from February 5, 2014, with the lease deposit of KRW 125 million, and the lease period of said subparagraph for two years from February 5, 2014. The F occupied the instant subparagraph D from February 17, 2014.

C. Since water leakage occurred from April 2014 to the ceiling of the instant cell, etc., additional water leakage (hereinafter “instant water leakage”) occurred in a living room’s wall, an inner embankment, etc. as well as continuously in a living room, etc. (hereinafter “the instant water”). As a result, the water leakage from an inner embankment was destroyed by the risk of water leakage.

On September 7, 2015, F terminated the lease contract for the instant No. D and removed from the instant No. D.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff caused the instant water leakage due to the defects in the hot water pipe, etc. under subparagraph E, and caused the occurrence of the instant water leakage. As such, the Defendant had the obligation to pay the Plaintiff the amount of damages (17,50,000 won) equivalent to the amount of damages for 25 months from September 2015 to September 25, 2017 (17,50,840,000 won), (3) expenses for directors (1,840,000 won), and (4) from October 2017 to January 2019 (11,200,000 won), (5), from January 4, 2017 to February 25, 2017, the Defendant has the obligation to pay the Plaintiff the amount of damages for delay with the annual rate of damages for delay and damages for delay from January 4, 2017 to February 25, 2019 (205).

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