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(영문) 인천지방법원 2018.02.14 2016가단11607

손해배상(기)

Text

1. The Defendants jointly share KRW 2,098,380 to Plaintiff A, KRW 2,071,011 to Plaintiff B, and each of them on March 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the owner of heading 701 and 706 (hereinafter “Plaintiff’s exclusive ownership”) among the ground aggregate buildings in Bupyeong-gu, Incheon (hereinafter “instant building”).

Plaintiff

B is an occupant who operates the Pitice Center by leasing the Plaintiff’s exclusive ownership from the Plaintiff A.

The Defendants owned 801 and 901 of the instant building (hereinafter referred to as “Defendant’s exclusive ownership”) in 1/2 shares, and run spores and baths.

B. On May 6, 2014, Plaintiff A sent to the management body of Defendant C and the instant building a content-certified mail containing the purport that “A may cause damage to the Plaintiff’s section of exclusive ownership due to the water leakage, which appears to have arisen from among the 8,9, and 10 floors of the instant building, and thus, the correction would change.”

C. As of September 21, 2017, it was confirmed that there were defects, such as influence, fung, pollution, etc. in the ceiling, walls, and floor of the Plaintiff’s section for exclusive use, among the costs of repairing the said defects, the Plaintiff, the owner of which, as the costs of repairing the said defects, is expected to be required to cover KRW 2,098,380,380, and KRW 2,071,011, which is the Plaintiff, the occupant of the said section for exclusive use, for totaling KRW 1,347,176, 751,204.

[Ground of recognition] 1 to 3 evidence of Gap (including paper numbers), the result of the on-site inspection by this court, the result of the defect appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts as to the claim for defect repair expenses, it shall be deemed that the damages equivalent to KRW 2,098,380, and KRW 2,071,011 were incurred to the Plaintiff, the owner of the Plaintiff’s exclusive ownership, due to leakage due to the defect in the installation and preservation of the Defendant’s exclusive ownership, to the Plaintiff, which is the owner of the Plaintiff’s exclusive ownership. Therefore, pursuant to Articles 758 and 760 of the Civil Act, the Defendants jointly cooperate with the Plaintiff, pursuant to Articles 758 and 76