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(영문) 대전지방법원 2016.03.03 2014가단11809

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 500,000 won, respectively, and on March 29, 2014, respectively, to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The relevant plaintiffs were living in the Seo-gu, Seo-gu, Daejeon (hereinafter referred to as the "Plaintiffs' apartment complex") 604 Dong 301 (hereinafter referred to as the "Plaintiffs' apartment complex"), along with the plaintiff's married couple (hereinafter referred to as the "the plaintiff's family members"), and the defendants also were living in their husband and wife, and the defendants were living in the Seo-gu, Daejeon (hereinafter referred to as the "the defendants' family members") 604 Dong 201 (hereinafter referred to as the "the defendant's apartment complex"), which is the second floor below the plaintiffs' apartment complex, and were moving to another place before the date of closing the argument in this case.

B. On March 2013, the Plaintiffs and the Defendants have aggravated appraisal due to disputes over water leakage causes arising from the washing room of the Defendants’ apartment houses and the timing of waterproof construction works. From May 2013, the appraisal has become worse as a matter of inter-floor noise. 2) The Defendants continued to have an inter-floor noise, and they filed a complaint with the Plaintiffs through the apartment management office, the representatives of occupants, etc. from May 2013 to the police or reported that the Plaintiffs caused interfloor noise. However, the issue of interfloor noise has not been resolved.

C. The Defendants’ damages claim 1) The Defendant’s smartphone in which noise measurement display is installed from May 2013 (hereinafter “Defendant’s measurement equipment”).

(2) On June 26, 2013, the Defendants’ families, using the Defendants’ apartment living room and drum, measured noise between floors. Moreover, if the Plaintiffs deem that noise between floors occurred, the Plaintiffs were to be placed in a commercial building adjacent to the Plaintiffs’ apartment, and recorded the Plaintiffs in a video camera. 2) On June 26, 2013, the Defendants’ families asserted against the Plaintiffs that noise between floors was intentionally caused by the Plaintiffs under the Daejeon District Court 2013Garo59099, and filed a lawsuit seeking compensation for damages, and as evidence, the result of the noise measurement conducted by the Defendants’ measuring equipment.