공사대금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Facts of recognition;
A. The defendant is the owner of the 1/2 share in the Yangcheon-gu Seoul Metropolitan Government C Apartment 907-1/2, and is residing in the above 907.
B. As the managing body of the above apartment, the Plaintiff received a report that the water meter and steel board structure of the passage floor of the above apartment complex 807 was flooded, and that water was cut from the entrance 707 of the above apartment complex. As a result, the Plaintiff selected the facility operator and opened the toilet wall of 807 and performed water detection construction by cutting water, it was confirmed that the water leakage from the shower water pipe of 907 was leaked from the shower water pipe of 907 to the lower floor, and the Plaintiff repaired the shower water pipe of 907 to restore the above 807 wall to its original state.
(hereinafter “instant construction project”). C.
On March 6, 2014, the Plaintiff paid KRW 200,000 to the facility operator as the instant construction cost.
According to the above apartment management rules, in cases where a resident, etc. causes damage to facilities or common areas of other occupants, etc. or facilities due to water leakage, leakage, etc. in an exclusive part owned or occupied by the tenant, etc., he/she shall cooperate in the performance of duties of the management entity for reinstatement
(Article 14(2). [Reasons for Recognition] Fact without dispute, each entry and image of Gap evidence 1 through 10 (including each number), and the purport of the whole pleadings
2. Determination
A. According to the above facts, since the defendant committed inundations on the water level below the water level of exclusive use facilities that he possesses, the defendant shall pay to the plaintiff the construction cost of 200,000 won incurred by the plaintiff in order to detect it and restore it to its original state, and compensation for delay calculated at the rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the original decision, which is the date of the plaintiff's payment of the construction cost until September 17, 2015, where it is deemed reasonable to dispute over the existence or scope of the defendant's obligation to perform.