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(영문) 제주지방법원 2015.04.10 2014가단9129

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff resided in Jeju-si C Apartment 102 Dong 409 (hereinafter “instant apartment 409”) and D respectively in 102 Dong 309 (hereinafter “instant apartment 309”) and the Defendant is responsible for the management office of the same apartment.

B. D discontinued the water supply of the instant apartment No. 409 in the presence of the Defendant as the water leakage occurred in the ceiling of the instant apartment site No. 309, and filed a lawsuit against the Plaintiff as the court 2012Kadan19108 against the Plaintiff, seeking compensation for damage.

On the other hand, the Plaintiff filed a counterclaim against D as this Court No. 2014da8522 to seek damages related to the fractional water for tap water.

① The Plaintiff shall pay KRW 800,000 to D.

② The Plaintiff is to cooperate with D with the following as to the implementation of the Washington 409 repair work of the instant apartment.

When D, for the above construction, requests the Plaintiff to enter the instant apartment site 409, the Plaintiff shall open an entrance for the construction of D.

(B) During the construction work, the Plaintiff does not interfere with the construction work of D.

③ D shall perform the said construction at the expense of D, and the construction shall be performed between July 25, 2014 and July 31, 2014, and shall be performed five days before the commencement of the construction work, after giving prior notice to the Plaintiff regarding the date and time of the construction work.

(4) Upon completion of the above works, D shall request the management office to resume the supply of tap water to the plaintiff.

(5) The remainder of the principal lawsuit and the plaintiff's counterclaim shall be waived.

C. On June 17, 2014, the conciliation of the following was concluded in the foregoing case.

As a result of the appraisal of the water leakage of the apartment of this case 309, the water leakage was found to have been due to the defect of the water pipe of the Washington 409 apartment of this case.

(see Evidence 8-1 to 3). (e)

D is between the Plaintiff and the Plaintiff.