손해배상(기)
1. The Defendant amounting to KRW 12.1 million to the Plaintiff and the Plaintiff’s annual rate of 5% from January 26, 2013 to November 28, 2013, respectively.
Facts of recognition
The Plaintiff is the owner of a reinforced concrete shop No. 1 of the underground floor No. 546.97 square meters (hereinafter “instant underground store”) among the apartment buildings and stores of 11 floors of Yongsan-gu Seoul Metropolitan Government land reinforced concrete building C, Yongsan-gu, Seoul, and the Defendant is the owner of the 33.06 square meters of the 1st floor reinforced concrete shop No. 1 of the above building (hereinafter “the 1st floor store”).
The instant underground store is located immediately below the 1st floor store. From December 2010 to December, 2010, the Plaintiff’s wife operated a restaurant with the trade name of “D” at the instant underground store, and closed around August 201. The Defendant’s children operated a restaurant with the trade name of “E” at the instant 1st floor store.
On July 2010, water leakage occurred in the main floor of the instant 1st floor store, and water leakage occurred in the lower part of the instant 1st floor store. Upon the Plaintiff’s request, the Defendant constructed water leakage prevention construction for the instant 1st floor store around the second half of 2010.
Around January 19, 2012, water leakage occurred in the vicinity of the main room of the instant 1st floor store, and water flows out from the female toilet site, office ceiling site, and corridor ceiling site of the instant 1st floor store. Upon the Plaintiff’s request, the Defendant performed water leakage prevention works for the instant 1st floor store around February 2012 to March 3, 2012.
On July 18, 2012, in addition, around July 18, 2012, the main floor of the 1st floor of the instant 1st floor was defective due to aging, and leakage occurred, and water leakage flows into the office ceiling of the instant 1st floor, the female toilet site, and the corridor ceiling.
Accordingly, on August 16, 2012, the Plaintiff: (a) removed the ceiling part of the instant underground stores contaminated by the said water leakage; and (b) on February 16, 2013, the Defendant performed a water leakage prevention work for the instant 1st floor store; and (c) did not flow water into the instant underground stores.