손해배상
1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.
The defendant 1,315.
1. The reasoning for this part of the court’s liability for damages is as stated in Paragraph 1, except that the following is added to the last part of Paragraph 1-B of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act
[Additional Part] The defendant asserts that since Article 6 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "Act on the Ownership and Management of Aggregate Buildings") provides that "if damage is incurred to another person due to defects in the construction or preservation of one unit of building to which the exclusive ownership belongs, such defects shall be presumed to exist in the common area," the water leakage damage in this case shall not be presumed to have occurred due to defects in the common area of the apartment, not the defect in subparagraph E, and that the water leakage damage in this case was not proved to have occurred due to defects in subparagraph E.
However, Article 6 of the Multi-unit Building Act is a legal presumption provision to reduce the burden of proof of the victim in the event of the loss to another person due to the defect in the construction or preservation of the partitioned ownership building, and in this case, in light of the above circumstances, it is proved that the leakage damage of this case occurred due to the leakage occurred under subparagraph (e), and thus, the above provision is not applicable.
7) The Defendant asserts that there was no causal link between the E-Pipe and the water leakage damage of each of the above parts, since there was no ground for water leakage in the drawings 1, 2, 3, 5, and 8 below the drawings 4 below the E-hope.
However, in light of the fact that water leakage damage occurred under subparagraph D and the repair of the Category E pipeline after the lapse of 40 days from the commencement of the damage, and water leakage and stairs reach the wall and stairs on the outside elevator of subparagraph D due to long-term water leakage D, it is reasonable to view that the water leakage damage occurred to the entire Category D due to the water leakage of subparagraph D.
2. Scope of liability for damages.