손해배상(기)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. In accordance with the expansion of the purport of the claim by this court, the defendant.
1. Basic facts
A. The Plaintiff, as the owner of an underground floor E or F of the O apartment commercial building (hereinafter “instant commercial building”) located in the inn city at the time of leisure, is an operator of a plant that produces clothing after being supplied with the original set at this place (hereinafter “Plaintiff’s operation factory”).
The Defendant is the third floor owner of the commercial building of this case.
B. On January 26, 2016, water leakage occurred in the water pipes linking the 3rd floor G of the instant commercial building with the toilets (hereinafter “instant accident”). The water leakage occurred due to the flow of the Plaintiff’s factory into the Plaintiff’s factory, and the water sources, etc. located therein were flooded.
The place where water leakage has occurred was not the basic water supply center installed within the building, but the Defendant was the water pipe which was installed arbitrarily on the ceiling and the wall for the use of tap water.
[Ground of recognition] Unsatisfy facts, Gap evidence 3, 4, 19, 20 evidence and Eul evidence Nos. 5 and video (including branch numbers; hereinafter the same shall apply), the result of the appraisal by the appraiser M in the first instance trial and the result of supplementary appraisal, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the accident of this case occurred due to defects in the establishment and preservation of the water pipe installed by the defendant. Thus, the defendant is the owner of the defendant's store of this case and is liable to compensate the plaintiff for the damages caused by the accident of this case pursuant to Article 758 (1) of the Civil Code.
[A] The Defendant asserted that H used the commercial building owned by the Defendant as a marina, and that the instant accident occurred due to the Han wave. However, according to the evidence as seen earlier, the point where water leakage occurred was the water source to link the kitchen with the toilet in a room irrelevant to Mat, and the connecting part which connects several water pipes (the water source to withdraw from the steering boat), and the location where the water source was installed on the date of the instant accident.