손해배상(기)
1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:
The defendant.
1. Facts of recognition;
A. The Plaintiff is the owner of the Namsan-gu C apartment and D apartment (hereinafter “Plaintiff apartment”) and is the resident, and the Defendant is the owner of E- who is the household immediately on the Plaintiff apartment (hereinafter “Defendant apartment”).
B. On July 5, 2018, the Plaintiff discovered water falling from the main stream of the Plaintiff’s apartment site (hereinafter “instant water leakage”) and delivered it to the lessee of the Defendant apartment site. As a result, the Defendant’s boiler pipe was found to have been dried out due to the stove.
C. The Plaintiff’s apartment complex caused damage to the ceiling, wall surface, crowdfunding, small bank, book, and small bank electric facilities, and small bank and small bank, due to the instant water leakage. The Plaintiff demanded the Defendant to repair the portion damaged by water leakage on the Plaintiff’s apartment. However, the Defendant did not repair up to now.
[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the fact that the establishment of the liability for damages was established, the fact that the damage from water leakage of the plaintiff's apartment is recognized due to the defect in the construction or preservation of the defendant's apartment, so the defendant is liable to compensate the plaintiff for the damage from water leakage of this case pursuant to Article 758 (1) of
B. 1) The scope of liability for damages on property (Evidence No. 4, 5) KRW 5,887,200 (i.e., KRW 4,897,200) (i., KRW 990,00) 2) The Plaintiff was suffering from considerable mental suffering due to the water leakage of this case, which occurred in the residential area of KRW 300,000,000, and the Defendant did not recover the Plaintiff’s water leakage until 1 year and 6 months have passed since the water leakage of this case occurred.
The above mental health of the plaintiff.