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(영문) 인천지방법원 2019.01.31 2018가단1833

손해배상

Text

1. The Defendants jointly share KRW 1,004,568 with the Plaintiff and KRW 5% per annum from January 24, 2018 to January 31, 2019, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Plaintiff’s D apartment and E (hereinafter “Plaintiff’s apartment”) in Gyeyang-gu, Incheon, and the Defendants share D apartment and F (hereinafter “Defendant’s apartment”) as one-half shares, respectively.

B. From November 2016, the phenomenon of water leakage occurred in the Plaintiff’s apartment ceiling, the living room, etc., and from around the day of November 2016, in the inland bank, the sandy phenomenon came into effect in the ice and fung in the living room and the bedlelight. The Plaintiff removed electric lamps and used candlelights. At the lower end of the water leakage section, the two percentage and the newspaper site are installed.

C. The aforementioned causes of water leakage were revealed to be the worn-out of heating distribution apparatus and water pipes, which are the constituent parts of the apartment complex of the Defendants, and the construction cost for repairing the Plaintiff’s apartment for water leakage damage is equivalent to KRW 3,028,736.

On May 14, 2017, the Plaintiff spent KRW 200,000 for water leakage inspection expenses, and on May 15, 2017, one million for the cost of waterproof construction executed around February 2017 for the Defendants’ bathing rooms.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and 6 (including each number); the appraisal result of appraiser G; the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the defendants are liable to compensate the plaintiff for damages caused by defects in the construction and preservation of apartment buildings owned by them, which are structures owned by them.

B. (i) The scope of the Plaintiff’s liability for damages, in full view of the overall purport of the pleadings as a result of the appraisal by the appraiser G of the cost of repairing apartment buildings, the cost of repairing the Plaintiff’s apartment due to the damage is KRW 357,229,374,357, 1,374, 649,81, 650,184, 350,184, 202,257, 94, and 3,028,736, 357,229, 357, 229,37, 374,357, 357, 649, 649, 657, 649, 657, 649, 357, 357, 357, 35