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(영문) 부산지방법원 2016.09.01 2015나50474

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the judgment of the court of first instance cited in this case is as follows: (a) adding evidence 5 additional documents submitted by the defendant in the trial to insufficient evidence; and (b) the reasoning for the judgment of the court of first instance is the same as the part of the reasoning for the judgment, except the addition of the judgment of the defendant as to the defendant's assertion as follows; (c) thereby, it is acceptable

[Supplementary part] The defendant asserts to the effect that it is unreasonable to impose on the defendant the total cost of repairing defects due to the leakage of underground water inasmuch as the plaintiff is highly likely to fungib because the underground room of the house of this case was not used for a long time, and the damage was increased by the plaintiff to remove the fungbigll

In light of the following circumstances, it is difficult to accept the Defendant’s above assertion in light of the following: (a) the statement or image of evidence No. 5, and the result of the appraiser D of the first instance court’s appraisal of appraiser D of the first instance court; (b) the first instance court presented to the effect that “in the process of destroying the ground for new building of this case, rainwater appears to have occurred as rainwater flows into the underground floor of the house of this case due to the occurrence of a shock phenomenon on the floor of the house of this case in the process of destroying the ground for new building of this case; and (c) the Defendant appears to have removed the underground floor end board in order to confirm the leakage of underground rooms.

2. Conclusion, the plaintiff's claim of this case should be accepted within the scope of the above recognition, and the remainder should be dismissed.

The judgment of the first instance is just in conclusion and thus, the defendant's appeal is dismissed.