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(영문) 의정부지방법원고양지원 2020.02.21 2019가단90193

손해배상(기)

Text

1. The Defendant’s KRW 3,688,69 as well as the Plaintiff’s KRW 5% per annum from December 30, 2019 to February 21, 2020, and thereafter.

Reasons

1. Facts of recognition;

A. The plaintiff is residing in Yongsan-gu Seoul Metropolitan City C Apartment D (hereinafter "the 7th floor of this case") and the defendant is the owner of the same apartment E (hereinafter "the 8th floor of this case") and resides in the 8th floor of this case.

B. The 8th floor of this case is on the immediate upper floor of the 7th floor of this case.

C. On December 7, 2018, water exceeded the water flown from the kitchen washing machine located in the kitchen of the instant 8th floor, and water flown along the wall from the ceiling on the upper side of the instant 7th floor, which occurred on December 7, 2018.

(hereinafter referred to as “instant water”). D.

The water leakage of this case shows myco in the back of the 7th floor of this case, such as drown drown drown, racker drup, etc.

E. In order to replace sucks, sucks, and short heat from the instant water leakages, five days’ work hours and 3,688,69 won’s work cost is necessary.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6 (11) and images, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the defendant is liable for the damages suffered by the plaintiff due to the defect in the preservation of the structure as the owner of the housing of the eighth floor of this case.

B. 1) According to the above facts as to the claim for repair expenses, the Plaintiff suffered damages equivalent to KRW 3,688,699 due to the water leakage in this case, and the Defendant is obligated to pay the amount equivalent to the above repair expenses to the Plaintiff as compensation for damages. 2) In relation to the claim for accommodation expenses, the Plaintiff needs to have five-day hours to repair defects due to the water leakage in this case, and thus, the Plaintiff suffered damages of KRW 591,350, which is the amount equivalent to the accommodation expenses for five-day days. However, the evidence submitted by the Plaintiff alone is insufficient in the course of repairing defects due to water leakage in this case.