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(영문) 부산지방법원 2019.11.22 2019나44828
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The scope of the judgment in this Court claimed compensation for damages for property damage caused by water leakage, including KRW 2,016,90, KRW 3,000,00 in total, and KRW 5,016,90 in compensation for mental damage, and damages for delay thereof. However, the court of first instance has accepted the claim for damages for property damage and rendered a judgment dismissing the claim for consolation money. Since only the defendant appealed, the subject of the judgment in this Court is limited to the claim for damages for property damage.

2. Facts of recognition;

A. The plaintiff is a person who resides in Busan Nam-gu C Apartment D (hereinafter "the plaintiff apartment"), and the defendant is the owner of the above apartment E (hereinafter "the defendant apartment"), the upper house of the above apartment.

B. Around 20:00 on January 25, 2018, an accident involving water measuring instruments was occurred in Defendant apartment buildings, and as a result, water leakage occurred in the studs and smalls side of the studs of the Plaintiff apartment buildings, resulting in damage to the ceiling, remote areas, floor studs, etc. and damage caused by inundations, furnitures, etc.

(hereinafter “instant water accident”). C.

The Plaintiff disbursed KRW 1,210,00 for the small bank due to the instant water leakage incident, as the cost of cleaning KRW 28,00,00 for the disposal of waste in the flooded architecture and the scambling room, the sum of KRW 31,595,100 for the total of KRW 1,210,000 for the small bank (= KRW 66,000 for 66,000 for 28,000 for the total of KRW 31,100 for the disposal of waste in the flooded architecture and the scambling room).

[Evidence] Facts without dispute, entry in Gap evidence 1 through 7 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

3. Determination on the cause of the claim

A. According to the above facts, due to the water leakage accident in this case caused by the dissolution of the water meters of the defendant apartment, the plaintiff suffered flood damage caused by the entrances and small banks of the plaintiff apartment, and removal and mooring for the recovery of the above damage.

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