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(영문) 수원지방법원안산지원 2020.11.27 2019가단64276

손해배상(기)

Text

The defendant shall pay to the plaintiff 11,529,00 won, and 5% per annum from May 4, 2019 to November 27, 2020, and full payment from the next day.

Reasons

The premise for liability for damages - The evidence of Gap 1 through 6, D's appraisal results, and the testimony plaintiff is the owner of the same apartment G.

From April 2019, the Defendant performed a test work, such as the singcrink, bath room, etc. in G, and in particular, ordered the Defendant’s supplementary intervenor to contract the bath, waterproofing construction, and painting construction.

On May 3, 2019 in accordance with the contract under the preceding paragraph, the occurrence of water leakage occurred while the Defendant’s assistant intervenor removed an inner divers, and affixed the following seals thereon.

5.4. The entrances, walls, etc. in G have flown down on the following floor:

Accordingly, the plaintiff suffered losses from water leakage in connection with the ceiling, walls, furnitures, and bedclothess.

According to the above facts, the defendant is liable for damages suffered by the plaintiff due to leakages caused by defects in the construction and preservation of the above building as the owner of apartment apartment G.

Property damage - Total amount of KRW 9,029,00 for property damage under the scope of compensation - The amount of appraisal for each item claimed by the plaintiff shall follow the results of appraisal by the appraiser, but the amount claimed by the plaintiff was fully recognized for the construction period (temporary dwelling expenses) based on the results of examination by the appraiser.

Examining the damage amount of goods - the damage amount of 1,133,00 won - the damage amount of 3,276,000 won and the results of the examination of witnesses, the appraiser reflected the depreciation by the straight line method on the basis of the fact that the plaintiff used the human body for 6 years, and the method of such evaluation is deemed reasonable, thereby recognizing the results of the appraisal.

The appraiser of KRW 4,620,00 has calculated the temporary residential expenses for 14 days during the construction period to recover water damage by 30,000 per day. However, considering the real market price for short-term lease while examining the appraiser.