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(영문) 창원지방법원 2017.07.06 2016나55251
손해배상(기)
Text

1. The plaintiff, among the judgment of the court of first instance between the plaintiff and the defendant, lost the amount of payment order.

Reasons

1. Facts of recognition;

A. Defendant C purchased from J Nos. 501, 4, 109, 501 (hereinafter “instant 501”) on December 24, 2009, and completed the registration of ownership transfer on December 24, 2009. Nonparty C purchased from J the Category D Nos. 301, 301, 301 (hereinafter “instant 301”) for a long time under 501, and completed the registration of ownership transfer on January 5, 2010.

B. Defendant B entered into a lease agreement with Defendant C by setting the lease deposit of KRW 60,000 and KRW 200,000 for the instant 501, and around May 27, 2014, Defendant B occupied the instant 501.

C. On June 3, 2015, Defendant C sold the Plaintiff and the instant KRW 501 billion to KRW 124 million, and entered into a sales contract to deliver on July 14, 2015 (hereinafter “instant sales contract”). The Plaintiff completed the registration of ownership transfer as to the instant subparagraph 501 on July 15, 2015.

Around 08:30 on July 15, 2015, Defendant B began with F, who is an employee of packing directors, and began to engage in the instant 501. On the same day, around 11:02, Defendant B notified H, who is an intermediary assistant to the instant sales contract, of the instant 501. On the same day, Defendant B returned KRW 51 million from the Plaintiff and completed the instant 501.

E. On July 17, 2015, at around 01:00, Defendant B received contact from E to 301, and arrived at around 03:00 on the same day. At around 03:0, Defendant B entered the instant 501, the part of the instant 501, which connects the tap water of the wall of the bend and the tap water of the shower, and the part of the bend, which connects the tap water of the bender, and the part of the bending to the bend, and the part of the bending into the bend, and the water sphering out, which led to an accident (hereinafter “water leakage”).

The above defendant saw the shower using shower in the state of being set up in parallel with the ordinary tap water.

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