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(영문) 부산지방법원 2019.10.10 2019나40154
손해배상(기)
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

Facts of recognition

The Plaintiff leased deposit money of KRW 35,00,000, and the term of lease from April 28, 2016 to the Defendant’s 35,000 and D (hereinafter “the instant studio”) from the Defendant, for a two-year period from August 27, 2016, the instant studio-type area from August 27, 2016 to September 2, 2016 caused water leakage by rooftop rainwater (hereinafter “the instant water leakage”).

The plaintiff was living on the basis of three lusents and lusents.

Around September 3, 2016, the Defendant, the owner of the instant building at the time of water leakage, linked to the water bed and studs in the instant studio tent, taking measures to place water out of the windows through the studs instead of falling on the floor even if water is drained in the instant studio tent, and concluded a contract with E and the rooftop waterproof construction work and completed the rooftop waterproof construction work on October 2016.

【Ground of recognition】 In the absence of dispute, Gap 3, 5, 18, Eul evidence Nos. 5 (including Serial numbers; hereinafter the same shall apply) and the plaintiff’s assertion of the purport of the whole pleadings as to the plaintiff’s damages arising from the defendant’s delay in repair of the water leakage and water leakage of this case ① damages such as non-faced 1,00 won, 24,000 won for medical expenses, 3,462,00 won for daily income, 264,00 won for daily income, 3,462,00 won for daily income, and 50,000 won for which the plaintiff failed to use and make profits from the studio of this case for 49 days, ③ damages such as loss of opportunity to apply for the national qualification examination, and damages such as consolation money7,00,000 won for the future treatment expenses, etc. in money.

Therefore, the defendant should pay to the plaintiff a penalty of KRW 13,00,000 including the total damages of KRW 11,250,000 and KRW 1,750,000 under Article 8 (3) of the lease contract.

Judgment

The number of claims for medical expenses, transportation expenses, and lost income shall be charged in the studio of this case.

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