손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of Jeju-si apartment and 102 Dong 409 (hereinafter “Plaintiff’s apartment”), and the Defendant is the resident of the above 102 Dong 309 (hereinafter “Defendant’s apartment”) immediately following the Plaintiff’s immediate below floor.
B. On December 3, 2012, the Defendant filed a lawsuit against the Plaintiff claiming that the Plaintiff sustained damages from water leakages occurring in the Plaintiff’s apartment complex as Jeju District Court Decision 2012Da19108, and sought construction performance claims and damages therefrom. The Plaintiff filed a counterclaim against the Defendant seeking damages from the interruption of the supply of tap water under Jeju District Court Decision 2014Da8522 (hereinafter collectively referred to as the “instant lawsuit”).
C. On June 17, 2014, the instant lawsuit between the Plaintiff and the Defendant, “the Plaintiff shall pay to the Defendant, and the damages for delay calculated at the rate of 20% per annum for the unpaid amount of KRW 800,000 and that of the unpaid amount until July 31, 2014, and the Defendant shall at the Defendant’s expense permit the entry in implementing the Plaintiff’s repair of the sewage pipeline, and shall not interfere with the construction, and shall pay KRW 300,000 per day to the Defendant in the event of the violation. Upon completion of the said construction, the Defendant shall request for resumption of the supply of tap water to the Plaintiff at C Apartment, and if the Defendant violated this, it shall pay KRW 30,000 per day to the Plaintiff.”
The defendant applied for a compulsory auction on the plaintiff's apartment house to Jeju District Court D around September 2014, since the plaintiff did not perform the obligation stipulated in the above protocol of mediation.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 5, 7, 13, 14, 15, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion is in the lawsuit of this case.