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(영문) 인천지방법원 2019.01.17 2018나2226

손해배상

Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is the owner of Yeonsu-gu Incheon Metropolitan Government Non-Housing D (hereinafter “Plaintiff Housing”) and the Defendant owned the said Non-Housing E (hereinafter “Defendant Housing”) from June 1, 2007 to October 18, 2016.

B. On March 15, 2015, the Plaintiff: (a) requested G companies engaged in remote areas and retail business with the trade name of “F” in the remote area and the market of the Plaintiff’s housing (hereinafter “first accident”); and (b) paid KRW 1,500,000 to G on September 20, 2015 (Evidence A2 and 3). (c) On July 15, 2016, the Plaintiff requested the said G to replace the Do and the market, and paid KRW 1,30,000 to G on September 13, 2017.

(A) Facts without dispute (based on recognition), entry of Gap evidence 2, 3, 4, 6, and 7, Gap evidence 1-1 through 4, the purport of the whole pleadings and arguments

2. Damage caused by the primary accident; and

A. The following circumstances, which are acknowledged by G by comprehensively taking into account the facts of the recognition of liability for damages and the statement in Gap evidence No. 8, namely, ① the fact confirmation (Evidence No. 8) prepared by G, that read, “G, as water flowing from and flowing into the defendant’s house, showed milched between the plaintiff’s house and the defendant’s house, and water flows into and out, damaged the plaintiff’s house’s remote site and market.” ② The fact confirmation that the water flows into the joint co-site between the plaintiff’s house and the defendant’s house on July 15, 2016, which was from March 2015 to January 3, 2016, the first accident occurred, based on the fact that the water flows into the joint co-site between the plaintiff’s house and the defendant’s house and the second accident occurred, the Plaintiff’s co-owned house and the real house flow into the Plaintiff’s house, such as the boiler installed in March 2015.