beta
(영문) 대구지방법원 서부지원 2018.09.06 2018가단56579

손해배상(기)

Text

1. Defendant B:

(a) KRW 2,50,000, as well as 5% per annum from March 10, 2017 to September 6, 2018;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant apartment No. 306, 205, and Defendant B is the owner of the instant apartment No. 306, 305, and Defendant C is the resident of the instant apartment No. 306, 305.

B. The water leakage occurred in the hot water pipe No. 306-dong No. 305 of the instant apartment, and the water leakage occurred in the water pipe for hot water supply of hot water, and the water leakage occurred in the main bank No. 205 of the instant apartment building No. 306-dong No. 205.

(hereinafter referred to as “instant acceptance”). 【No dispute exists, entry of Gap evidence 1 through 4, the result of the verification by this court, the result of appraiser E’s appraisal, the purport of the entire pleadings.

2. Determination as to the plaintiff's claim against the defendant B

A. According to the above facts, Defendant B is liable to compensate the Plaintiff for the damages caused by the water leakage of this case as the owner under 306 Dong 305, and Defendant B is liable to compensate for the damages caused by the damage of this case. 2) According to the appraisal result of Defendant E of the property damage appraiser E, the damages claim amounting to KRW 2,050,000 is recognized to repair the defects caused by water leakage of this case in the main stream of No. 306, Dong 205. 205. b) The Plaintiff suffered inconvenience in life due to water leakage of this case in which the Plaintiff was unable to properly use the main stream, etc., which is not recoverable only by compensation for property damage. Thus, the amount of consolation money that Defendant B is liable to pay to the Plaintiff shall be determined as KRW 500,000,000, considering all the circumstances such as the degree and period of damage caused by water leakage of this case, degree of effort to prevent the damage of Defendant B.

3) Accordingly, Defendant B’s claim against the Plaintiff for damages amounting to KRW 2,550,00 (i.e., KRW 2,050,000 for property damage amounting to KRW 500,000 for consolation money amounting to KRW 500,00 for this case, which was sought by the Plaintiff from March 10, 2017.