손해배상(기)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The plaintiff's assertion is the resident of the Busan Northern apartment C apartment unit D (hereinafter "the plaintiff apartment unit"), and the defendant is the owner of the same apartment E unit (hereinafter "the defendant apartment unit").
Around August 16, 2019, due to the defect in Defendant apartment, water leakages occurred in the ceiling, small banks, and beeas (hereinafter “water leakages in this case”) of the Plaintiff apartment. Accordingly, the Plaintiff spent KRW 4,250,000 to the Plaintiff’s expenses for repairing the ceiling construction, small banks, beeass, and beeass, and the Plaintiff and his family members suffered considerable mental distress.
Therefore, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 7,250,000 (=the Plaintiff’s property damage of KRW 4,250,000 and KRW 3 million) of the Plaintiff’s property damage.
2. In light of the reasoning of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the leakage of the instant case occurred due to the defect in the apartment complex of the Defendant, and there is no other evidence to acknowledge it. Moreover, according to the respective descriptions of the evidence Nos. 3 and 5 (including the number) and the overall purport of the pleading and video as well as the whole, it is only recognized that there is no error in the result of the Defendant apartment complex’s pipeline pressure test and leakage detection on December 10, 2019.
Therefore, the plaintiff's assertion is without merit without examining the remainder of the issue.
3. The plaintiff's claim of this case should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.