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(영문) 수원지방법원 2015.04.30 2014나42469

손해배상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. According to the overall purport of evidence No. 4, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation around May 24, 2012 with respect to the operation of the building C (hereinafter “instant house”) with respect to the location C (301) of the Defendant’s land and housing as the Plaintiff, with respect to the lease period from June 4, 2012 to June 3, 2014, and the fact that the Plaintiff moved into the said house and resided during the said lease period on or around June 3, 2012.

2. During the Plaintiff’s assertion, excessive water supply charges were imposed on the Plaintiff’s residence in the instant house due to the problems of piping leakage, etc., and gas boiler was required to use the said gas boiler for the removal of damp water, and suffering from health disorder and considerable mental suffering due to unclean living environment, such as mycotoxis.

Therefore, the Defendant should compensate the Plaintiff for the water supply fee of KRW 560,00 (23 months), gas cost of KRW 1.6 million (1.6 million) incurred while the Plaintiff resides in the above apartment, KRW 1.8 million (1.8 million for external medical expenses, KRW 6 million for consolation money, and delay damages.

3. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 2-1 and 4, around April 2012, the fire occurred in the instant house, and the defendant completely repaired the said house before the plaintiff's occupancy, and even around December 2012, the fact that the plaintiff constructed the lusium and boiler pipes at the plaintiff's request is recognized.

However, the above facts and the evidence presented by the Plaintiff alone are insufficient to readily conclude that the Plaintiff sustained losses from the allegations, and there is no other evidence to acknowledge such losses.

Therefore, the plaintiff's above assertion is without merit.

4. If so, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.