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(영문) 서울동부지방법원 2018.07.13 2017나25637

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives comprised of the sectional owners and tenants of Songpa-gu Seoul Metropolitan Government A apartment (336 households, hereinafter “instant apartment”). The Defendant entered into a contract for the entrusted management of the instant apartment (hereinafter “instant entrusted management contract”) with the Plaintiff around August 1, 2010, and performed the management of the said apartment from around that time to May 31, 2016.

B. On June 23, 2015, the Defendant’s employee found that water leakage was generated on the surface near the 102 apartment complex of this case, and as a result of the investigation by the water leakage detection company on the following day, the Defendant’s employee was diagnosed that water leakage was generated from the main steel pipelines laid underground over 35 meters from the entrance of the apartment among the water supply pipes.

C. On June 25, 2015, the Plaintiff decided to hold an extraordinary meeting to implement the repair work. On June 27, 2015, the Plaintiff confirmed that the repair work for the portion connecting main steel pipelines and the steinty lease pipes among the water supply pipes was performed, but the additional leakage was incurred at another point.

Accordingly, from August 5, 2015 to August 8, 2015, the Plaintiff performed repair works to restore water leakage pipes again. D.

Since September 3, 2015 to September 7, 2015, the Plaintiff still performed a construction work to replace the entire main steel pipeline with a ice lease hall due to the continuous leakage of water, but the water leakage still occurred. On September 10, 2015, the Plaintiff was verified by the existing ice Lease Institute's fine construction work after receiving a precise detection of the causes of water leakage from the waterworks business office and conducted the repair work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and Eul evidence Nos. 1, 2, 3, 4, 5, 6, and 8 (including branch numbers, if any; hereinafter the same shall apply) or images, testimony by the witness F of the first instance trial, and the purport of the whole pleadings

2. The assertion and judgment as to the cause of the claim

A. The defendant's summary of the plaintiff's assertion is professional.