(영문) 울산지방법원 2014.09.05 2014가단764

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2014.09.05 2014가단764

손해배상(기)

Text

1. The Defendant: 12,928,300 won to the Plaintiff, and 5% per annum from January 21, 2014 to September 5, 2014, and the next day.

Reasons

1. Facts of recognition;

A. On January 13, 1997, the Plaintiff acquired No. 131 Dong-dong 131 (hereinafter simply specifying the number of houses in the pertinent section for exclusive use, 131; hereinafter the whole building of this case) and started to operate the collection of frequencies, and operated the frequency by expanding the number of units to nine stores (hereinafter referred to as the “instant store”) around September 24, 2002, by acquiring No. 117, 118, 123, 129, 126, and 127 around June 12, 2002.

B. The instant building Nos. 203, 204, and 301 (hereinafter “Defendant-owned store”) had been used as a public bath business site from the time when the Plaintiff operated the frequency at the instant store. However, the Defendant acquired the same on February 13, 2006, and the Defendant acquired the ownership on the ground of property division on December 14, 201, and continued to be operated as a public bath until now.

C. Before acquiring the ownership of the Defendant-owned store, the Plaintiff, who caused damage to the ceiling, etc. of the instant store due to water leakage in the pipe section of the Defendant-owned store, was resisted to E, the Plaintiff, the former owner, and E, which only installed water leakage and leading pipes on the part of the water leakage of the instant store, and did not identify the causes of water leakage and take waterproof measures.

However, due to the tin ingredients mixed with water at the Defendant-owned shop, the above leading pipe has lost its function by preventing it. Accordingly, damage has occurred to the ceiling, walls, etc. of the instant store, and the 5,335,000 won was required to repair the leading pipe, and the 13,134,000 won was required to repair the damaged parts of the instant store.

[Ground of recognition] A without dispute; Gap evidence 1-9; Gap evidence 2-1-3; Gap evidence 3; Gap evidence 5-1-1-16; appraiser F’s appraisal result; the purport of the whole pleadings

2. The assertion and judgment

A. The above facts of recognition are examined.

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