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(영문) 서울중앙지방법원 2019.08.29 2019나837

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the owner of 3rd floor D (hereinafter “D”) among the 4rd apartment houses located in Gangnam-gu Seoul Metropolitan Government, and the Defendant is the owner of 4rd floor E (hereinafter “E”).

In the boiler pipes and hot water pipes, which are exclusive areas E-owned areas, the water level was reduced from the ceiling around the toilet to the floor, and the damage was caused by the damage of the ceiling and the remote area.

As a result, the Plaintiff was unable to receive rent of KRW 5,820,00 ( KRW 8,40,000 among the portion in December 2, 2017, KRW 1,600, KRW 500,000 for water leakage inspection expenses, KRW 500,000 for water leakage removal and fung removal expenses, and KRW 800,000 for 8,920,000 for stone table construction and delivery expenses, and the Defendant is obligated to pay the said money and damages for delay to the Plaintiff.

2. We examine whether the damage of water leakages in D from September 2017 to February 2018 was caused by the boiler pipes and hot water pipelines in E (the burden of proof related thereto exists on the Plaintiff). As evidence presented in support of the Plaintiff’s assertion, there are descriptions and images of appraiser F’s appraisal result, part of the witness F, Gap’s testimony, Gap’s evidence No. 2-1 and 2, Gap’s evidence No. 6-1, Gap’s evidence No. 7 through 10, Gap’s evidence No. 11-1 to 3, Gap’s evidence No. 12, and Gap’s evidence No. 15 through 17 (including the number of pages).

However, in light of the following circumstances acknowledged by comprehensively taking account of the evidence Nos. 1 and 2, 3, 7, 14, 15, and 17 evidence Nos. 1 and 2, 2, 7, 17, 15, and 17 (including a serial number), the appraisal report by appraiser F’s appraisal report, and some testimony by the witness F of the first instance trial witness, it is difficult to conclude that the water leakage damage of subparagraph Nos. 4 from September 2017 to February 2018 by the appraiser F’s appraisal result and the testimony by the first instance trial witness F was caused by the boiler pipe and the hot water pipe leakage, and the other Plaintiff’s assertion is asserted.