A. From May 29, 2007, the Plaintiff owned a building on the ground B (hereinafter “instant building”) in Nam-gu Incheon (hereinafter “instant building”) but there was flood phenomenon in the underground room of the instant building.

B. On June 2013, in order to improve this, the Plaintiff requested the construction business operator to recover and repair the ground for flooding of the instant building. During that process, the Plaintiff became aware that the Defendant’s optical cable laid down on the front road of the instant building installed the Plaintiff’s sewage pipe, and that the Plaintiff’s optical cable installed the Plaintiff’s sewage pipe, and the part of the Plaintiff’s sewage pipe located under the said optical cable was destroyed, thereby planting water.

[Ground of recognition] Facts without dispute, Gap evidence 3-1 to 53, each of the images of Eul evidence 1, Eul's testimony, and the purport of whole pleadings

2. Occurrence of liability for damages;

A. The following facts can be acknowledged in full view of the facts acknowledged as Gap evidence 3-1 to 53, Eul evidence 1, 3, 4-1 and 2-2, Eul's testimony and video, Eul's witness's testimony, and the fact inquiry results with respect to the construction in Southern-gu Incheon Metropolitan City.

(1) The date of approval for use of the instant building is September 2, 1977, and the Defendant laid the optical cable around 1984.

(2) The Defendant’s optical cable above the Plaintiff’s building sewage pipe cross-sectioned and laid off. The optical cable installed a cross-section sewage pipe, and there was a tree erosion among them, and the sewage pipe part abutting on the optical cable was destroyed.

(3) After performing sewage pipeline repair works around 2013, the flooding of the underground room of the instant building was caused.

B. According to the above facts of recognition as to the cause of the claim, since the optical cable laid underground by the Defendant is divided into the drainage pipes of the Plaintiff’s building and the sewage management officer of the Plaintiff appears to have been destroyed, the Defendant is obliged to compensate the Plaintiff for damages incurred by the defect in the installation or preservation of optical cables.

In this regard, the defendant shall repair the sewage pipe of the plaintiff's building properly after the damage to a third party.