손해배상(기)
1. The defendant shall pay to the plaintiff KRW 17,812,145 as well as KRW 16,824,841 from September 10, 202 to January 15, 2021.
1. Facts of recognition;
A. On November 3, 2016, the Plaintiff completed the registration of transfer of ownership with respect to subparagraph D (hereinafter “instant underground store”) of the underground floor D (hereinafter “instant underground store”) of the Daejeon-gu Daejeon (hereinafter “instant building”). On February 16, 1990, the Defendant completed the registration of transfer of ownership with respect to subparagraph 1st floor E of the instant building, and on October 25, 1990, with respect to subparagraph 1st floor Fho (hereinafter “the instant first floor store”) of the first floor E and subparagraph 1st floor F.
B. From the pipes of the instant 1st floor store, around July 2019, water leakage (hereinafter “water leakage in this case”) occurred, and as a result, in the ceiling and wall of the instant 1st floor store, the damage was inflicted on water leakage, contamination, and dysuling.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, and 6 (which include various numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant 1st floor store, which is the Defendant’s exclusive ownership, caused damages, such as water leakage, pollution, and coloring, to the instant underground store, which is the Plaintiff’s exclusive ownership. As such, the Defendant is obligated to pay the Plaintiff the damages equivalent to KRW 21,031,050 (20,151,052 cleaning cost of KRW 880,00) and the delayed damages for the damages incurred therefrom. The Defendant is obligated to pay the Plaintiff money calculated at the rate of KRW 12,341,30 ( = from October 2019 to July 1, 2020) and from August 1, 2020 to the payment date of the said damages.
3. Determination
A. According to the facts found above, the defendant is liable for damages suffered by the plaintiff as the owner of the 1st floor store of this case, due to leakages caused by the defects in the establishment and preservation of the said store.
B. 1) The scope of liability for damages is generally caused by a tort.