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(영문) 의정부지방법원 2020.07.23 2019가단101281

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is the owner of the Namyang-si apartment and D (hereinafter “Plaintiff apartment”) and the Defendant is the owner of the E (hereinafter “Defendant apartment”).

B. On July 2017 and May 20, 2018, water leakage occurred in the Plaintiff apartment room, which is the immediate upper floor of the Defendant apartment complex, and flown over the Plaintiff apartment.

The plaintiff could not use the plaintiff's apartment site entirely from August 1, 2017 to January 31, 2019 due to water leakage.

C. The Plaintiff suffered 18,00,000,000 won due to water leakage damage, such as the ceiling and remote area in the Plaintiff apartment room, and the amount equivalent to the rent that the Plaintiff failed to use the Plaintiff’s apartment room from August 1, 2017 to January 31, 2019 (=18,00,000,000 x 18 months) and thus the Defendant shall compensate for the damages.

In addition, the defendant should repair the plaintiff's apartment and prevent the recurrence of water, and the plaintiff has suffered a big mental suffering by neglecting it at all without performing it.

In order to do so in money, 10,000 won is claimed for consolation money.

2. The evidence Nos. 3 and 6 (including a paper number) submitted by the Plaintiff is insufficient to recognize that the damage to water leakage of the Plaintiff’s apartment was caused by water leakage from the Defendant’s desire for apartment, and according to the result of the appraisal commission with respect to appraiser F of this court, the leakage in the Defendant’s apartment bath was not confirmed. Ultimately, the evidence submitted by the Plaintiff is insufficient to recognize that the damage was caused to water leakage in the Plaintiff’s apartment room due to the Defendant’s tort, and there is no other evidence to

The plaintiff's claim cannot be accepted.

3. The plaintiff's claim for conclusion is without merit, and it is dismissed. It is so decided as per Disposition.