손해배상(기)
1. The Defendant: KRW 3,165,126 to Plaintiff A, as well as 5% per annum from June 25, 2018 to December 20, 2018; and
1. Facts of recognition;
A. Plaintiff A is the owner, Plaintiff B, the lessee, and the Defendant, the upper-story Gho (hereinafter “Gho”) of the Gangnam-gu Seoul Metropolitan Government E-Ba (hereinafter “F”), and the owner and occupant of the said Gho (hereinafter “Gho”).
B. Of the Category G, water leakage occurred in the balcony floor (hereinafter “the balcony in this case”) with the area of 4.95 square meters inboard (A), which connects each point of Section 1, 2, 3, 4, 1, and 4.95 square meters in sequence.
(hereinafter referred to as “the number of cases”). C.
As a result of the water leakage in this case, it was damaged by the Fho Lake timber ( timber mold) and Doing, walls, sea-to-land distribution, living rooms, main streaming, and walls distribution. D.
In order to prevent water leakage in F, the floor of the balcony in this case in G shall be removed and the floor waterproof construction work shall be performed.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 10, 13 through 18 (including additional numbers), appraiser H's appraisal result, the purport of the whole pleadings
2. Determination as to a claim for damages
A. According to the above facts, it is recognized that the water leakage in this case was caused by the defects in the construction or preservation of the balcony of this case owned by the defendant, and the defendant is obligated to compensate the plaintiff A for the damages incurred therefrom in accordance with Article 758 of the Civil Code.
In relation to the scope of compensation for damage, according to the above evidence, it is recognized that the expenses for recovery from the bank and the ward and the kitchen are 3,165,126. Thus, the defendant is obligated to pay to the plaintiff A 3,165,126 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from June 25, 2018 to December 17, 2018, which is the delivery date of the copy of the claim and the application for change of the cause for the claim, from June 25, 2018 to December 20, 2018, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. In addition, the plaintiff B seeks to pay 5,000,000 won as consolation money due to the leakage of this case. According to the above evidence, the plaintiff B seeks to pay 5,000,000 won.