손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 2,00,000 and KRW 1,000,00 among them.
1. Occurrence of liability for damages;
A. The Plaintiff is the owner and the resident of the first floor in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant is the owner of the second floor immediately above. 2) From the beginning of December 2017 to the end of March 2018, the water supply pipes, boilers, and singkes, etc. of the second floor owned by the Defendant were generated four times during the period from the beginning of December 2017 to the end of March 2018. Accordingly, the damage was inflicted on the ceiling, remote area, etc. of the first floor owned by the Plaintiff, and the said computer, clothing, and furniture
(hereinafter “instant water leakage accident”). / [Grounds for recognition] Each entry or video of Gap evidence Nos. 2, 4, 5, and Eul evidence Nos. 1, 3, and 4 (including numbers; hereinafter the same shall apply) or the purport of the entire pleadings.
B. According to the above facts of recognition, the defendant is the owner of the second floor building which caused water leakage in this case and is liable to compensate the plaintiff for damages caused by water leakage in this case.
2. Scope of liability for damages
A. The court may determine a reasonable amount as damages in full view of the overall purport of pleadings and all the circumstances acknowledged as the result of the examination of evidence, where it is deemed that the damage occurred, but it is extremely difficult to prove the specific amount of damage in light of the nature of the case.
(Civil Procedure Act 202-2). (b)
The Plaintiff suffered losses of KRW 10 million due to the instant water leakage incident, as stated in the “Written Estimate of Damage Amount,” and sought payment of KRW 10 million as compensation for damages. However, in light of the following overall circumstances, the amount of damages that the Defendant is liable to compensate for to the Plaintiff pursuant to Article 202-2 of the Civil Procedure Act shall be determined as KRW 200,000.
(1) Unless there are special circumstances, the Plaintiff may not seek payment from the Defendant on his/her own account of the “satise-catch hospitalization expenses” and “satise-patch treatment expenses for one-month leave of absence and one-month leave of absence”.
② Attached to the Plaintiff.