손해배상금(기)
The defendant's KRW 7,315,700 to the plaintiff is 5% per annum from January 18, 2019 to February 5, 2021.
1. The following facts do not conflict between the parties, or are recognized by Gap evidence Nos. 1, 2, and 10, evidence Nos. 1-1, 1-2, and 10, evidence Nos. 2, 8 (including number evidence), Eul evidence Nos. 1, 8, and appraiser evidence Nos. 1, 8, and the whole purport of the arguments as a whole.
A. The Defendant is the owner of Seongbuk-gu Seoul Eude Fho Lake (hereinafter “Defendant Housing”), and the Plaintiff is the owner of Eude G who is immediately lower home (hereinafter “Plaintiff Housing”).
E Building is a new building built around December 1979.
B. From the end of September 2018 to the beginning of October of the same year, the boiler distribution pipe pipes installed in the Defendant’s residential balcony was destroyed and drained properly, and the water drained out was stored as the Plaintiff’s housing site, thereby damaging the ceiling, walls, floors, etc. of the Plaintiff’s house and the living room’s ceiling and the living room’s ceiling, walls, and floors (hereinafter “water leakage accident”). The Defendant’s water leakage accident occurred on September 2, 201, based on the aforementioned facts acknowledged as the liability for damages, the instant water leakage accident occurred due to the defect in installation or preservation, which is the part of the Defendant’s housing site, and is ordinarily equipped with safety.
Since it is reasonable to see that the Defendant, the owner of the Defendant’s house, is liable to compensate for the damages related to the Plaintiff’s considerable amount of damage caused by the instant water leakage accident.
However, at the time of the water leakage accident of this case, E is limited to 70% of the defendant's liability by taking into account the fact that not only the floor of the defendant's house but also other locations due to the deterioration of the building, as the building for which 38 or more years have passed since its construction.
3. Scope of liability for damages
A. According to the result of appraisal by D of the remuneration appraiser for construction cost, it is recognized that the construction cost incurred in repairing the part of the Plaintiff’s house, which was damaged due to the instant water leakage and the living room part, was a total of 7,450,000 construction cost. Thus, the Defendant’s construction cost after limiting liability to the Plaintiff.