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(영문) 창원지방법원 2018.06.07 2017가합54657
손해배상(기)
Text

1. The Defendant’s KRW 29,864,406 as well as the Plaintiff’s annual rate from August 30, 2016 to June 7, 2018.

Reasons

1. Basic facts

A. On November 28, 2002, the Plaintiff: (a) acquired the ownership of the headquarters C World Co., Ltd (hereinafter “instant building”); (b) resided in the instant subparagraph D; and (c) went out on or around July 9, 2015; and (d) the Defendant acquired the ownership of the instant subparagraph D and the entire E, the third floor of the instant building (hereinafter “instant E”); and (c) operated a public bath in the name of “G”, the husband of the instant building, from August 21, 2010 to March 2017.

B. After the Defendant operated a bath in the instant subparagraph E, damage, such as water leakage, etc., caused by water leakage, fung, pollution caused by fung, coloring, etc., in the ceiling and wall of the instant H heading office, in part of the instant H heading office, room, beer, and corridor, etc., and the Plaintiff requested the Defendant to perform waterproof construction several times, but the Defendant did not take any measures against this.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3 evidence, Eul 3 through 5, and 7 evidence (including each number), the result of appraiser I’s appraisal, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff suffered damages, such as water leakage, pollution, and color color damage, due to defects in drainage pipes and concrete slabs of this case, which are the part of the defendant's exclusive ownership, which are the damage caused by the plaintiff's damage, the defendant is obligated to pay the plaintiff damages amounting to KRW 38,534,406 [the damages amounting to KRW 8,056,406, and the damages amounting to KRW 29,478,00,00 (= KRW 867,00 x 34 months), director's expenses, KRW 1,00,000], and damages for delay.

3. Determination

A. Each of the evidence mentioned prior to the establishment of liability for damages, the result of appraiser I's appraisal, and the fact-finding results thereof (the substance can be seen as the result of appraisal) and all of the arguments.

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