손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is the owner of C apartment unit D (hereinafter “Plaintiff’s apartment unit”) located in Seongbuk-gu, Sungnam-si, and the Defendant is the owner of the E unit, the immediate upper floor of the Plaintiff’s head office (hereinafter “Defendant’s head office”).
Then, the United States of America has continued to
around July 26, 2019, water leakage occurred in the ceiling near the rest room of Plaintiff Hoho-ho, and in the ceiling of the Anagle, and the rain occurred again.
On September 5, 2019, there was a water leakage in the ceiling of the inner door mold (hereinafter “the water leakage in this case”).
The water leakage of this case is due to the higher flood control than Defendant Ho Lake-gu, and due to this, the Plaintiff suffered damage to the inner gate mold, scoin in remote areas, etc.
In addition, the plaintiff's demand to correct it was caused by the loss of advice of certified judicial scrivener or detection of leakage on the wind that the defendant refuses the request from the defendant.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,100,000 for damages under Article 758(1) of the Civil Act (200,000 for consultation costs of a certified judicial scrivener) and the amount of delayed damages therefrom (18,80,000 for construction costs of KRW 11,000 for consultation costs of a certified judicial scrivener).
2. Determination
A. Article 758(1) of the Civil Act provides, “A person who possesses a structure shall be liable to compensate for damages if the damage was incurred to another person due to a defect in the installation or preservation of the structure.
However, if the possessor fails to pay due attention necessary for the prevention of damage, the owner is liable for compensation for the damage.
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The liability for damages inflicted on others due to the defect in the installation or maintenance of a structure under Article 758 of the Civil Act shall, in the first place, be the possessor of the structure, who actually occupies and manages the structure directly and specifically, while controlling it, and the possessor of the structure shall not exercise due care necessary for the prevention of damages, in the second place the owner of the structure shall be liable for the damages.