손해배상(기)
1. The Defendant (Counterclaim Plaintiff) C: (a) KRW 6,650,000 against the Plaintiff (Counterclaim Defendant) and its related amount from July 23, 2017 to February 12, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The instant building consists of five floors above the ground approved on September 11, 2001 and multi-household houses, multi-household houses, neighborhood living facilities, etc.
B. Of the instant building, the Plaintiff owned the Defendant B-ho, H-ho, and H-ho, 67.50 square meters (hereinafter “instant G-ho,”) of 198.91 square meters (hereinafter “F-ho”) among the instant buildings. Defendant C owns the instant G-ho, H-ho, and H-ho, 63.21 square meters (hereinafter “instant H-ho,”). The instant F-ho, even though the original usage was a neighborhood living facility (office), is divided into one through four and leased for residential purposes. Meanwhile, the instant G-ho and H-ho, a multi-household, are divided into two parts, and each of them is able to reside.
C. On July 23, 2017, the number of water leakages occurred in the main bank bank 2 among the instant F F, and the number of water leakages occurred in the instant F F F FF’s cell site, 1 toilet and tent among the instant F F, and the instant FF’s corridor, etc. from October 31, 2017.
On August 12, 2017, the Plaintiff paid KRW 50,000 to the terms and conditions of construction business, such as water leakage diagnosis, and required to verify the status of water leakage, causes thereof, etc.
E. On September 1, 2017, the Plaintiff filed the instant lawsuit against the Defendants by asserting that water has been leakageed in the main bank of heading 2 among the instant F, and the appraiser I reported the results of the on-site investigation and appraisal to the court as follows.
① At the time of the on-site investigation on May 2, 2018, water was released to shower the inside floor of the toilet No. 1 among the G of this case, but water leakage in subparagraph F of this case did not occur.
On the other hand, among the subparagraph F of this case, there are four drainage pipes in the main bank 2, and two of them are for the drainage of toilets 1 among the subparagraph G of this case, and the remaining two of them are public sewage pipes of 3 to 5 stories, which are inside the PEX located adjacent to the 1st entrance of this case or the toilet of this case.