손해배상(기)
The judgment of the first instance court is modified as follows.
A. The Defendant: (a) KRW 9,269,502 for the Plaintiff and its related costs on August 21, 2018.
1. The reasoning for this part of the facts found by the court is as stated in Paragraph 1 of the judgment of the court of first instance, except for the first instance’s order under the third side of the judgment of the court of first instance that “huming room” was pronounced as “huming room,” and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff’s assertion that the Plaintiff suffered damages from water leakage in the instant subparagraph E owned by the Plaintiff due to the instant subparagraph D that the Defendant owned by the Defendant. As such, the Defendant shall pay to the Plaintiff damages damages the Plaintiff the total amount of KRW 16,405,705, including KRW 9,457,700, the construction cost for the first water leakage, KRW 2,448,005, the repair cost for the second water leakage, KRW 300,000, and KRW 3,000,000, and KRW 16,405,705, and damages for delay due to mental distress.
In addition, since water leakage in the subparagraph D of this case occurred continuously due to water leakage, the defendant shall perform water leakage prevention construction for warehouse ① and bathing rooms, balcony ② out of the ground plans in attached Form D with respect to the subparagraph D of this case, and even if the defendant's obligation to perform water leakage prevention construction works is ordered as an incidental act duty, it is not possible for the defendant to perform it at will. Thus, the defendant shall pay to the plaintiff money calculated at the rate of KRW 40,000 per day from the delivery date of the judgment of this case until the execution date of water leakage prevention construction works.
3. Determination
A. 1) According to the facts acknowledged prior to the determination of the first water leakage part, prior to the Defendant’s occurrence of damages liability, the Defendant’s instant subparagraph D caused the first water leakage on the ceiling and wall of the instant subparagraph by April 2018, which was the transfer of waterproof construction works for the instant subparagraph D.
Since the defendant is the owner of the interest in the case of this case, the defendant is the civil law.