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(영문) 서울중앙지방법원 2020.07.09 2020나9489

손해배상(기) 등

Text

1. The plaintiff's appeal against the defendants and the claims extended by this court are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is residing together with her husband and her husband and her two marrieds in Seocho-gu Seoul Metropolitan Government Dolle House E (hereinafter “Plaintiff’s Housing”).

Plaintiff

The owner of a house is her husband F.

B. Defendant B leased the Plaintiff’s housing immediately upper floor (DB G, hereinafter “Defendant’s housing”) and resides together with Defendant C (Defendant C).

C. Around January 31, 2018, the Defendants’ water flown from the water tap of the Bergale of housing was not normally drained, and the water flown from the bend floor of the bend is coming into the Plaintiff’s housing, and the damage was inflicted on the ceiling and wall of the Plaintiff’s house, kitchen, kitchen, kitchen, and small bank (2) (hereinafter “instant water leakage”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 20 evidence, Eul evidence 1 and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. By the negligence of the Defendants, water flows out of the Defendants’ housing benda water and water was dried on the benda floor, and the water was drained out as the Plaintiff’s housing. The water was generated.

B. 3,440,00 won (=the total of KRW 1,180,00,000,000,0000,000,000,000 won and KRW 1.1,60,000,000 for each of the Plaintiff’s family members) incurred mental damages to the Plaintiff (i.e., KRW 1,80,000 x 4).

C. Therefore, the Defendants jointly are liable to pay to the Plaintiff KRW 10640,000 and damages for delay.

3. The fact that the water flown from the tap water of benda housing unit of the Defendants is not normally drained, and is standing on the bend floor of benda, and the damage caused by water leakage in this case was found to be the next floor of the Plaintiff, as seen earlier.

However, even if it is assumed that the negligence of the Defendants or the negligence of the Defendants and the negligence of the lessor of the housing had occurred, the Plaintiff’s housing owner as seen earlier.