손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Occurrence of liability for damages;
A. The facts of recognition (1) The Plaintiff is the owner of C Apartment 108 Dong 1402 (hereinafter “Plaintiff apartment”) in Seoul Special Metropolitan City, Nowon-gu, and resides in the Plaintiff apartment. The Defendant is the owner of the above C apartment 108 Dong 1502 (hereinafter “Defendant apartment”) on the immediate upper floor of the Plaintiff apartment, and is residing in the Defendant apartment.
(2) On March 1, 2012, water leakage (hereinafter “water leakage in this case”) occurred due to the aging of the water pipes and drain pipes of the Defendant apartment building, resulting in damage, such as funging water in the main bank, wall, and hot-projected floor of the Plaintiff apartment building, and funging or transforming the water, and the receipt site fixed on the riverside and the wall (hereinafter “the receipt site in this case”).
[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to compensate all damages suffered by the plaintiff due to water leakage in this case as the possessor of a structure, etc. under Article 758 (1) of the Civil Code.
2. Scope of damages.
A. According to the statement in Gap evidence No. 4 of the expenses, such as the main stream of the bank and the main stream of the bank, the removal of the floor, reconstruction, and the construction of the ceiling, etc., the water leakage of this case requires the exhaust of the main stream of the bank and the main stream of the bank, the removal of the floor and the reconstruction, and the reconstruction, and the excavation of the ceiling. The expenses are recognized to have a total of KRW 1,780,00, and the defendant is obliged to pay the plaintiff the above expenses 1,780,000 and damages for delay.
B. (1) The Plaintiff’s assertion of the parties concerned is that the sum of KRW 9,437,600 and the construction cost of KRW 10,110,60 and the damages incurred therefrom are paid to the Defendant due to the damage caused by the water leakage in the instant case.