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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court’s explanation as to this case is as follows, except for the dismissal or elimination of a part of the judgment of the court of first instance and addition of a decision by this court as set forth in paragraph 2, and therefore, it is identical to the part of the reasoning in the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article
From May 3, 2012, the second sentence of the judgment of the court of first instance, the phrase “as of May 3, 2012” in the third sentence is deemed to read “as of July 14, 2012.”
The part of the first instance judgment, “(the Plaintiff alleged that there was the first flood around July 14, 2012, but the Plaintiff claimed the flood accident around May 3, 2012 when receiving the insurance accident, and there is no evidence to specify the date.”
2. Additional matters to be determined
A. The Plaintiff’s main assertion in the first instance and the trial is that the instant building was flooded around July 14, 2012, around July 13, 2013, around July 15, 2014, and around August 16, 2015, and the foregoing inundation (hereinafter “first or fourth flood accident”) occurred in sewage pipes managed by the Defendant, such as flood accidents around August 20, 2016 (hereinafter “fiveth flood accidents”).
B. However, the plaintiff seeking damages due to the first or fourth flood accidents must prove that the above flood accidents occurred due to sewage, etc. from external sewage pipes. At the time of the first or fourth flood accidents, the plaintiff sought damages to the defendant, or did not receive the insurance accident from the defendant's assistant intervenor, who is the insurance company (it appears that the plaintiff claimed damages for the first flood accidents around July 14, 2017 or received the insurance accident). Accordingly, with respect to the first or fourth flood accidents, the circumstances and causes of the accident are not revealed immediately after the accident.