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1. The Defendant: KRW 33,101,174 for the Plaintiff and KRW 5% per annum from February 11, 2018 to June 12, 2019; and
Reasons
1. Basic facts
A. On May 10, 2012, the Plaintiff leased a commercial building of about 80 square meters for the first floor among the Da hotel buildings in the first floor in the city of nuclear power (hereinafter “instant store”) from the Defendant on May 10, 2012, sold clothes, shoes, etc. such as mountain clothes.
B. On February 11, 2018, the Plaintiff’s clothes, etc., which were stored on the wall inside the toilet located in the instant store, caused water leakage and water leakage throughout the entire floor of the instant store, and the Plaintiff’s goods, such as clothing, etc., stored on the store floor, were milked in water (hereinafter “instant wave”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The gist of the parties’ assertion argues that the Plaintiff, as the owner of the instant store, is liable for damages incurred by the Plaintiff due to the marbing of water pipes installed inside the wall of the instant store, which falls under the structure, due to the marbing of water pipes, which did not meet safety requirements to the extent that water leakage would not occur, or due to the lease of the instant store to the Plaintiff, in violation of the duty to maintain the conditions necessary for the use of the leased object and the profit-making, and thus, the Plaintiff
In regard to this, the defendant asserts that the defendant is not liable for damages caused by natural disasters caused by abnormal disasters in the same wave, or by other force majeure, and that the store of this case is managed under his responsibility by the plaintiff and is not liable for damages caused by the facility, and thus exempted from liability.
B. Examination of the judgment, the above evidence and the evidence set forth in No. 2 (including each number; hereinafter the same shall apply) are set forth in each set of No. 2.