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(영문) 창원지방법원 2015.05.21 2014가단22706

손해배상(기)

Text

1. The Defendant: (a) KRW 4,841,630; (b) KRW 19,379,00 to Plaintiff B; and (c) from August 25, 2014 to October 20, 2014 to Plaintiff B.

Reasons

1. The facts below the underlying facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4, 6, and Eul evidence Nos. 1 and 2, with a whole purport of the pleadings.

A. On June 23, 2012, Plaintiff A is the owner of the house C in the window of Changwon-si (hereinafter “instant house”); Plaintiff B determined three of the instant underground floors room from Plaintiff A as deposit money of KRW 20 million and monthly rent of KRW 400,000,000, and thereafter Plaintiff A resided in three of the instant underground floors room with two children from around that time.

B. The lower part of the instant housing had a sloping forest zone, and the Defendant installed a ditch and a drainage pipe to drain the excellent, etc. generated from the said forest land.

Some of the above drainage pipes have been set up from the glass window installed on the lower wall of the instant house to approximately approximately 60 to 70cm away from the lower wall, and there is a plucking and plucking up in the form of "a" to the lower part, so as to reduce the excellent price into the floor drainage, and the relevant part has a plastic content.

C. On August 25, 2014, the Changwon-si located in the area of Changwon-si. Of the above multiple pipes, the “A” portion of the “A” portion in the front part of the instant house was destroyed, and the said drained rainwater, through the drain pipe, destroyed the window on the rear side of the instant house.

As a result, earth and sand 2,00 g, which was landed from the above drainage pipe, flows into the house of this case together with rainwater, and the part of the plaintiff B residing in the house of this case was flooded damage.

(hereinafter “instant flood accident”). 2. The parties’ assertion

A. Although the Defendant had a duty to maintain and manage the drainage pipes installed on the back side of the instant house so that they could not be damaged by rain, the said drainage pipes were partially damaged due to negligence and the flood accident of this case occurred.

Ultimately, due to the defect in the installation and management of the above drainage pipe, the plaintiffs damages.