beta
(영문) 인천지방법원부천지원 2016.07.07 2016가단103530

손해배상(기)

Text

1. The Defendant: 480,000 won to Plaintiff A religious organizations and 5% per annum from July 17, 2015 to July 7, 2016.

Reasons

1. Basic facts

A. The Plaintiff A religious organization is the owner of No. 101, Dong Dong-dong Building 101 (hereinafter “Plaintiff’s Housing”) on the land outside Seocheon-gu, Seocheon-si, Seocheon-si, and Plaintiff B is the representative of the Plaintiff A religious organization. The Defendant is the owner of Seocheon-gu, Seocheon-si, Seocheon-si E-dong 201 (hereinafter “Defendant’s Housing”).

B. The Plaintiff’s house and the Defendant’s house are the exclusive ownership of the building that is an aggregate building, and the Defendant’s house is located in the immediate upper floor of the Plaintiff’s house.

C. Around July 2014, when water leakage occurred in the toilet for the Plaintiff’s housing, Plaintiff B demanded remuneration to the Defendant by asserting that the cause of water leakage was due to the leakage in the Defendant’s housing toilet and beeas.

Accordingly, around September 2014, around October 2014, and around August 2015, the Defendant: (a) requested a facility operator to complete the construction work, such as replacement of water pipes and drainage pipes, waterproof work, and the ceiling repair of the Plaintiff’s housing (hereinafter “instant repair work”).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs 1) caused water leakages in the defendant's house toilet, distribution house, etc., and water flow into the plaintiff's house, thereby damaging the ceiling, toilets, etc. of the plaintiff's house, and the repair work of this case was still down to the defendant's house even after the repair work of this case.

B) Accordingly, the Plaintiff A religious organization suffered damages of KRW 17,526,276 in total, including the sum of KRW 12,966,660 in lost earnings equivalent to monthly rent, KRW 1,743,616 in lease deposit interest, KRW 2,816,00 in total, and KRW 2,816,00 in ceiling and drawing, and Plaintiff B suffered mental damages equivalent to KRW 25,000 in total, and thus, the Defendant is liable to compensate each of the above damages. 2) Since the damage to the Plaintiff’s housing was restored upon completion of the instant repair work.