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(영문) 울산지방법원 2016.07.13 2015나23130

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff is a housing association established for the new construction of multi-family housing in Ulsan-gu A, Ulsan-gu, and on December 10, 2013, the Plaintiff leased the fourth floor of the building D (E) located in Ulsan-gu, Ulsan-gu, with a deposit of KRW 500 million and monthly rent of KRW 12 million (hereinafter “instant model house”), and the Plaintiff installed the model house (hereinafter “instant model house”), and started the affairs of general sale and the solicitation of members using the said model house.

The Defendants jointly operated urology and hospital on the 6th floor of the above building. On May 4, 2014, water leakage occurred from the hot water hole installed in the above hospital. The Defendants entered the ceiling of the sample house of this case on the 4th floor through the fiveth floor office of the building in which water leakage of the pipes around the above hot water hole flows into the ceiling of the sample house of this case and damaged the ceiling, floor, furniture, etc. of some (33th square model model model house) of the above sample house.

(hereinafter referred to as the "accident of this case"). 【No dispute exists in the ground for recognition, Gap's 1 through 7, Eul's 1 or 2, each entry or video (including a serial number; hereinafter the same shall apply), the defect appraisal commission and supplementary appraisal commission of the first instance court, the purport of the whole pleadings.

B. According to the above facts of recognition, since the accident of this case occurred due to defects in the hot water season installed by the Defendants, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages pursuant to Article 758(1) of the Civil Act.

2. Scope of damages.

A. In full view of the purport of Gap evidence Nos. 3, Eul evidence Nos. 6, 7, and 8 and the purport of all the images and arguments, the plaintiff constructed the pertinent model house at the same time as G located in Busan as the Si Construction around February 2014. < Amended by Presidential Decree No. 2517, Apr. 10, 2014; Presidential Decree No. 25617, Jun. 10, 2014; Presidential Decree No. 25178, Feb. 10, 2014; Presidential Decree No. 25687, Apr. 10, 2014; Presidential Decree No. 25637, Jun. 10,