손해배상(기)
1. The Defendant (Counterclaim Plaintiff) and the Defendants jointly share KRW 9,712,800 on September 2, 2014 to the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. The status of the party is that the plaintiff owns 101 units of the F Apartment Complex, Sungwon-si, Sungwon-si (hereinafter referred to as the "instant commercial building"), and engages in the printing business in the name of "G", and the defendant church owned 201 units of the instant commercial building and uses it as the restaurant of the members; Defendant C is the head office of the defendant church; Defendant D is the head office of the defendant church; Defendant D is the head office of the defendant church; and Defendant E is the members of the defendant church.
B. On September 18, 2014, the Defendants: (a) engaged in drilling pipes set forth in 201 of the instant shopping district; (b) during the process, water leakage was generated; and (c) in the ceiling set forth in 101, water accumulated in the instant case.
(hereinafter referred to as “instant number”). 【No dispute exists, entry in Gap’s evidence 1 through 3, and evidence 16 and the purport of the entire pleadings.”
2. Determination on the main claim
A. According to the facts found above, the defendants neglected their duty of care to prevent leakage during the above work but thereby causing the water leakage of this case. Thus, the defendants and their users are jointly liable to compensate for the damages suffered by the plaintiff due to the water leakage of this case.
The Plaintiff asserts that the Defendants intentionally damaged pipes connecting 101 and 201 of the instant commercial building, but it is not sufficient to recognize that the Defendants intentionally damaged pipes beyond the duty of care recognized earlier by only the descriptions and images of Gap 34 through 37 (including virtual numbers). The Plaintiff’s assertion on this part is not acceptable, since there is no other evidence to acknowledge otherwise.
B. In full view of the 1 machinery repair cost appraiser H’s appraisal results and the overall purport of the pleadings, defects were found in the high-speed complex output machine, foundation, and main body due to the leakage of water in the instant case, which were in the instant case No. 101.