손해배상(기)
1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.
2. After an appeal is filed.
1. Around 2013, the Plaintiff owned a house of 89.72 square meters on the first floor and 72.99 square meters on the second floor of a house of 1st floor in Jinju-si, Co., Ltd., and the Defendant owned a house of 132.9 square meters on the second floor and 72.9 square meters on the second floor of 132.9 square meters on the ground, and the Defendant owned a house of 72.78 square meters on the second floor of 2nd floor, 61.98 square meters on the second floor, cement brick slock slock slocks, and one square meters on the second floor of 2nd floor, 61.98 square meters on the second floor, and the fact that the Plaintiff’s housing and the Defendant’s housing were immediately attached to the parties, or the result of on-site verification conducted by the first instance court, may be recognized in full view of the results and purport of the entire appraisal by the appraiser E in the first instance trial.
2. From the main room of the Plaintiff’s assertion, around November 17, 2013, water flows out and the underground boiler room of the Plaintiff’s house was set down in water.
As a result, the Plaintiff spent expenses incurred in restoring underground rooms to its original state, replacing and installing boilers, etc. and suffered emotional distress.
Therefore, the defendant should pay to the plaintiff 892,500 won for restoration of the building and floor of the building, etc., 1,500,000 won for replacement and installation of boiler, 3,000 won for consolation money, and damages for delay.
3. Determination
A. In order to claim damages for tort liability under the Civil Act, a person who asserts that he/she suffered damages must prove that he/she “a victim has committed an unlawful act by intention or negligence, and caused damages due to such act.”
나. 피고가 2013. 11. 17.경 원고의 처로부터 ‘피고 주택 주방 안에 있는 싱크대의 연결 부분에서 배수불량 문제가 생겨 물이 샜다’는 말을 들은 후 원고의 처가 지켜보는 가운데 싱크대를 수리한 사실은 당사자 사이에 다툼이 없다.
C. However, even if the Defendant’s negligence changed water in the main room of the Defendant’s housing site on November 17, 2013, the Plaintiff’s housing is so.