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(영문) 인천지방법원 2019.09.27 2019가단211439

손해배상(기)

Text

1. The Defendant’s KRW 11,540,00 for the Plaintiff and 5% per annum from March 7, 2019 to September 27, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is residing in Yeonsu-gu Incheon apartment C apartment unit D (hereinafter referred to as "the plaintiff apartment"), and the defendant owns and resides in E, which is the upper floor of the plaintiff apartment.

B. As a result of water leakage detection on the Defendant apartment, “water leakage is discovered due to the damage of water leakage in PIT inside, water leakage due to the heating supply of boiler and the taking-off corrosion, water leakage due to the corrosion of an inner bathing room, flood control floor of a living room, and bathing pipeline.” The Defendant completed the repair work on or around March 25, 2019 when the instant lawsuit was pending.

C. On April 18, 2019 and April 19, 2019, the Plaintiff confirmed that the Defendant’s completion of the above repair work did not run any damage caused by the water leakage of the Defendant apartment in the Plaintiff’s apartment, and performed the work of restoring water leakage damage, including removal of stone walls, myco removal, prevention of fung, and waterproofing, etc., of the Plaintiff’s apartment, and paid KRW 1,540,000 at the expense.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 and 2, Gap evidence 11 through 13, Eul evidence 1 and 2, Eul evidence 1 and 2, Eul evidence 3-1 through 3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as above, the defendant's negligence of neglecting the management of the section for exclusive use caused water leakage in the defendant's apartment complex and caused damage to the plaintiff's apartment complex and mycotous, etc., so the defendant is liable to compensate the plaintiff for the damages incurred by the plaintiff pursuant to Articles 750 through 758 (1) of the Civil Act.

B. 1) The Plaintiff paid KRW 1,540,00 as construction cost in order to recover the damaged part of the Plaintiff’s apartment due to the leakage of the Defendant apartment complex. As seen earlier. 2) The Plaintiff’s portion of the hospital expense claim is the cocoin of the Plaintiff’s apartment that occurred due to the leakage of the Defendant apartment.