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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On October 2010, the Defendant newly built and sold the new apartment complex (hereinafter “instant apartment”) located in Daejeon-dong-gu, Daejeon-gu, which is located in 137 (Dong Dong-dong).
B. The Plaintiff is an insurer who entered into the instant apartment complex comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to the instant apartment contract with the council of occupants’ representatives (hereinafter referred to as the “council of occupants’ representatives”) of the first complex apartment complex, which has been established within the scope of the insurance period, from October 7, 2015 to October 16, 7, 2016, and the insured’s council of occupants’ representatives (hereinafter referred to as the “instant insurance”).
C. From October 10, 201 to March 31, 201 of the same month, an accident was occurred where water sprinking out in each of the instant apartment units 104, 401, 106, 701, 109, 1504, and 110 Dong 1801 (hereinafter referred to as the “each of the instant units” collectively with four households) of the instant apartment units from around October 10, 2015 to around the 10th of the same month, in which water sprinking out in each of the instant heading rooms (hereinafter referred to as the “instant accident”).
The cause of the instant accident was investigated to be due to the lack of holes on the pipes of the heading rooms of the instant case.
E. The Plaintiff paid KRW 2,372,409,09 in total, including KRW 60,469, for the instant apartment 104 Dong 401, and KRW 571,00 for the instant apartment 106 Dong 701, and KRW 600,469 for the instant apartment 109 Dong 1504, and KRW 600,469 for the instant apartment 110 Dong 1801, the instant apartment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. Plaintiff’s assertion and judgment
A. The plaintiff's assertion stated that the accident of this case occurred due to the defect of the stringr constructed in each of the units of this case, and the plaintiff is based on the insurance contract of this case.