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(영문) 서울서부지방법원 2014.11.21 2014가단22300

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the owner of Seodaemun-gu Seoul, Seodaemun-gu 103, and the defendant is the owner of the above Cirreg 203.

B. From 208 to 2008, the Plaintiff was at issue with the pipes of the water supply and boiler above 203, resulting in damage from water leakage in the toilets and embankments below the lower floor.

In August 2013, 2013, the defendant filed a lawsuit against this court for compensation for damages (2013 Ghana65441).

C. After that, the conciliation was concluded on December 12, 2013 with the following content in the above trial process.

① The Defendant shall pay KRW 5,000,000 to the Plaintiff up to December 30, 2013.

② The Plaintiff’s internal repair stipulated above 103 is entirely repaired under the Plaintiff’s responsibility with the Plaintiff’s money, and the Defendant, with the Defendant’s money, shall repair the repair to which the said 203 subparagraph 103 subparagraph is the Defendant’s money, and shall not cause damage to the Plaintiff in the future.

③ In addition to the above contents, the Plaintiff and the Defendant shall waive their respective civil claims in the future.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 4, 5 (including additional numbers), Eul's 2, and the purport of the whole pleadings

2. Even after the completion of the above mediation, there is a problem in the pipes of the above 203, and the number of the above 103 continues, and the defendant is obliged to pay a total of KRW 22,150,000 for the compensation for damages (=2,150,000 for the repair work costs of KRW 2,150,000 for the director’s expenses of KRW 15,000 for the repair work).

3. According to the judgment judgment panel, Gap evidence Nos. 1, 2, 3, 7, and 8 (including additional numbers) and video as to the cause of the claim, each of the above 103 records and images can be acknowledged, but on the other hand, it can be acknowledged by taking into account the following circumstances, i.e., the facts of recognition and macroscopic evidence and the statements and images of evidence Nos. 3, 4, 5, and 8 (including additional numbers) as well as the overall purport of the arguments as a result of appraisal of the construction cost of appraiser D's construction cost. < Amended by Presidential Decree No. 23420, Feb. 2, 2012>