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(영문) 의정부지방법원 2019.09.26 2019나204709

손해배상

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The plaintiffs are residents of the Da apartment and E (hereinafter referred to as the "Plaintiff's apartment"), Goyang-gu, Busan-si, and the defendant is the residents of the Fho-gu, the upper floor (hereinafter referred to as the "Defendant's apartment").

B. Around June 12, 2018, when the Defendant had been performing the interior construction of the Defendant apartment, water leakage occurred in the Defendant apartment bath, and due to which the Plaintiff apartment located on the following floor was flooded (hereinafter “instant accident”).

C. From June 13, 2018 to July 2, 2018, the Defendant paid a total of KRW 2,380,000 on behalf of the Plaintiffs on the pretext of the interior construction cost, etc. for the Plaintiff’s apartment complex due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, Eul evidence Nos. 1 and 2, video, the purport of the whole pleadings

2. The plaintiffs' assertion of this case caused the following damages to the plaintiffs in addition to the matters already paid by the defendant as compensation for damages, due to the accident in this case.

① The construction was conducted on the Plaintiff’s apartment complex for the purpose of repairing water, such as wood and fishing, and the Plaintiffs and their children have to lodging in the hotel during the construction period. < Amended by Presidential Decree No. 1,099,680 won (2) The Defendant is obligated to pay each of the Plaintiffs damages for the total amount of 260,000 won, such as the cost of cleaning and the cost of purchasing the sold lease, etc., which was flooded by the instant accident, based on the total amount of 260,00 won (=1,09,680 won) ± 679,840 won (260,000 won) ± 2).

3. Determination

A. According to the statements and images of Gap evidence Nos. 3, 5, 8, 9, 12, and Eul evidence Nos. 4 as to the claim for damages equivalent to accommodation expenses, the construction was conducted on the plaintiff's apartment complex for the repair of water leakages, such as wooden and painting, and the fact that the plaintiffs paid KRW 1,09,680 to the hotel guest room fee, X-ray, and lighting cost from June 21, 2018 to June 23, 2018 is recognized.

However, the period of the above construction, details of accommodation expenses paid by the plaintiff, and general.