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(영문) 서울동부지방법원 2017.02.03 2016나20499

손해배상(공)

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff claimed damages of KRW 1,434,200, and KRW 200,000 and delay damages for a certified judicial scrivener.

The court of the first instance rejected the lawsuit of the portion of the certified judicial scrivener's expenses, and dismissed the claim for damages.

Since the plaintiff appealed only against the principal of the damages, the object of this court's adjudication is limited to the principal of the damages.

2. Facts of recognition;

A. The Plaintiff is the owner of Songpa-gu Seoul Metropolitan Government D apartment 901.

The defendants are co-owners of the above apartment 1101.

B. The water leakage occurred in the 1101 toilet, which is a part of the Defendants’ exclusive ownership, and around April 2014, around 1001, the toilet 101, and the same phenomenon occurred even around September 2014.

The above apartment culture support office notified the defendant of the water leakage situation and requested prompt treatment.

Since then 1101, the number of water generated from the toilets of 101 caused an accident that damages the part due to being loaded in the toilets of 901 heading around October 201, 2014, and electrical facilities in the location of the toilets of 901.

(hereinafter referred to as “instant accident”). C.

On December 10, 2014, the Defendants performed the water leakage prevention works for toilets No. 1101, and thereafter there was no water leakage.

The Plaintiff: (a) brought up KRW 640,00, KRW 275,000, KRW 519,200, KRW 1,434,200, and KRW 1,434,200, the damage portion caused by the instant accident.

[Ground of Recognition] A without dispute, each entry or video of Gap evidence 2 through 5 (including additional numbers), the result of the commission of appraisal to appraiser E by this court, the purport of the whole pleadings

3. According to the above facts of recognition, the accident of this case occurred due to the defect in the management and preservation of the part of exclusive ownership of the Defendants.

The Defendants are jointly and severally liable to pay damages of KRW 1,434,200 to the Plaintiff due to the instant accident.

4. Conclusion