손해배상(기)
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.
1. The Plaintiff’s assertion was the owner of Kimpo-si Down-dong (hereinafter “the instant loan”) E (hereinafter “Plaintiff-Housing”). From April 2015, the Plaintiff suffered damages, such as the string of the Plaintiff’s house, which was immediately lower floor due to the water leakage in the toilet of the instant loan No. F (hereinafter “Defendant-Housing”), which was owned by the Defendant.
Therefore, the defendant is obligated to pay the plaintiff property damage amounting to 2 million won, consolation money amounting to 5 million won, and damages for delay.
2. In light of the judgment, the evidence submitted by the Plaintiff alone was insufficient to recognize that the Plaintiff suffered damage due to the occurrence of leakage in the toilets of the Defendant’s house, and there is no other evidence to acknowledge it.
Rather, comprehensively taking account of the written evidence Nos. 1 through 4 (including paper numbers) and the overall purport of the pleadings by the appraiser G of this court, the following circumstances are acknowledged: (i) the loan of this case is a relatively old and old house for more than 25 years since it was constructed; (ii) the owner of the loan of this case shared expenses in 2013 and performed a waterproof construction and other repair work to prevent the leakage of the roof; and (iii) the Defendant appears to have paid the toilet of the Defendant’s house by installing a guide board for water leakage treatment; and (iv) the appraiser G visited the Plaintiff’s house and the Defendant’s house in order to directly verify it; and (v) the appraiser G appraised that it is not possible to detect water leakage at the toilet of the Defendant’s house at the present time.
Therefore, the plaintiff's claim cannot be accepted.
3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just and the plaintiff's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.