손해배상(기)
1. The plaintiff's appeal and the claims added by this court are dismissed, respectively.
2. The appeal cost and the addition to this court.
1. Basic facts
A. The Plaintiff is the owner of the Ftel building D and E (hereinafter “instant building”) G (hereinafter “G”) and the Defendants are co-owners holding one-half shares of the said building H (hereinafter “H”).
B. Around January 26, 2018, water drained through the sewage pipe located at Hho Lakeheading bank was discharged from water leakages near the kitchen, which fell from the kitchen, through Ghoheading ground below the lower floor (hereinafter “instant accident”).
C. The instant accident caused damage, such as mycoa, to the head of G-gu remote area and the floor board, and to the head of the main scoa in the main scoack receipt room.
[Ground of recognition] Unsatisfy, each entry or video of Gap evidence 1-9 (including a branch number), and the purport of the whole pleadings
2. The assertion and judgment
A. The direct cause of the instant accident under the Plaintiff’s assertion G is that water is raised to Hho Lake households owned and owned by the Defendants.
Therefore, pursuant to Article 758(1) of the Civil Act, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 15,000,000 for the damages incurred from the instant accident (i.e., construction cost of KRW 8,800,000 for the holding director’s expenses of KRW 1,870,000 for the holding director’s expenses of KRW 1,870,330,00 for the damages incurred therefrom) and damages for delay.
B. With respect to the defects in the installation and preservation of one structure, defects in the installation and preservation of a structure under Article 758(1) of the Civil Act refer to the state in which a structure fails to meet ordinary safety requirements according to its intended purpose. In determining whether such safety requirements are met, the determination shall be based on whether the installer and preservation of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.