손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff purchased 302 multi-household housing in Gangnam-gu Seoul Metropolitan Government from the Defendant and completed the registration of ownership transfer on October 6, 2004. The Defendant is the Plaintiff’s owner and occupant of the above multi-household housing 401.
B. From August 2012, from around 3012, 300 dwelling rooms, 2 rooms among 302 rooms, and living rooms, toilets, etc., which have caused damage to and contamination in the ceiling gates, exhausters, wood strawing materials, etc., and due to leakage in the balcony of living rooms, balconys, etc.
C. As a result of the appraisal of the causes for the above water leakage in the first instance court, it was found that the Defendant’s housing was caused by water leakages of floor heating pipes or water supply pipes of 401.
On the other hand, according to the result of the appraisal of repair costs, the Plaintiff is required to pay a total of KRW 4,923,939 ( KRW 3,981,613, electrical construction, KRW 558,706, KRW 170,498, KRW 213,122) in order to repair damage, contamination, etc. caused by water leakage.
[Ground of Recognition: Evidence No. 1-1, 2, Evidence No. 2-1 to 4-4, Results of a request for appraisal by an appraiser C by the court of first instance for appraisal and purport of whole pleadings]
2. Determination
A. According to the above facts, the Defendant, the owner and occupant of 401, barring any special circumstance, is obligated to pay to the Plaintiff 4,038,000 won and damages for delay calculated at the rate of 20% per annum from September 14, 2012 to the date of full payment, as the Plaintiff seeks, as the damages for damages arising from the floor heating pipes or water leakage pipes of 401, as claimed by the Plaintiff, as well as the damages for delay calculated from September 14, 2012 to the date of full payment.
B. As to the Defendant’s assertion 1, the Defendant purchased 302 from the Defendant on May 13, 2002, and did not pay 62,00,000 won of the purchase price for 2 years and 3 months. The overdue interest rate is 27.