손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of Jeju-si apartment and 102 Dong 409 (hereinafter “Plaintiff’s apartment”), and D is the resident of the said apartment that is the immediate lower floor of the Plaintiff, 102 Dong 309 (hereinafter “D apartment”).
B. On December 3, 2012, D filed a lawsuit against the Plaintiff claiming that the Plaintiff suffered losses from water leakages occurring in the Plaintiff’s apartment complex as Jeju District Court Decision 2012Da19108, and sought construction performance claims and compensation for such losses. The Plaintiff filed a counterclaim against D to seek damages from the interruption of the supply of tap water as Jeju District Court Decision 2014Da8522 (hereinafter “instant lawsuit”).
C. In the instant lawsuit, the Defendant assessed the Plaintiff’s apartment fees and the cost of repairing the Plaintiff’s apartment in accordance with the court’s entrustment of appraisal. As a result, the Plaintiff’s apartment is able to enjoy water from the lusent Sewage Pipelines, and assessed the repair cost of KRW 829,620 as the repair cost.
On June 17, 2014, the instant lawsuit was concluded with the Plaintiff and D on June 17, 2014, the conciliation was concluded that “the Plaintiff shall pay D 80,000,000 won and the unpaid amount at the rate of 20% per annum from the date following the date of payment to the date of full payment, and D shall allow D to enter, interfere with, and not interfere with, access to, the Plaintiff’s implementation of the Plaintiff’s repair of the sewage pipeline, and if it is violated, it shall pay D 30,000 won per day for each violation.”
E. D filed an application for compulsory auction of real estate on the Plaintiff’s apartment with the Jeju District Court E around September 2014, as the Plaintiff did not perform the obligation stipulated in the above protocol of mediation.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 14, Eul evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion.