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(영문) 대전지방법원 2014.08.12 2013가단213585
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination on the cause of the claim

A. (1) The Defendants’ assertion (1) caused water leakage from the toilet pipe (PD: PIPD) inside the toilet pipe (PIPE DUCT), which is a common area located in the middle of 105 Dong-dong 105 and 302 of the Daejeon-gu Daejeon-gu Seoul metropolitan apartment, and caused water damage to the above apartment 105 Dong 102 (hereinafter “102”) and 302 Dong 302 (hereinafter “302”).

(2) The Defendants committed an illegal act, such as shouldering the floor, walls, and ceiling of the apartment owned by the Plaintiffs on the ground that they found water leakage.

(3) Therefore, the Defendants are obligated to pay KRW 13,202,50 to the Plaintiff, the owner of 102, and KRW 5,00,000 as consolation money, and KRW 18,202,50 as consolation money, and the Plaintiff, the owner of 103, who is the owner of 103, is obligated to pay KRW 19,859,00 as repair expenses, etc., KRW 5,00 as consolation money, KRW 24,859,00 as solatium, and KRW 24,859,00 as consolation money.

B. It is insufficient to recognize that the leakages occurred due to the leakages in common areas of the apartment of this case by the video of Gap Nos. 6 through 10, Gap Nos. 14, 15, 17, and 18 (hereinafter, including branch numbers in case there are branch numbers), Gap Nos. 11 and 12, the video of No. 11 and 16, and the video of No. 16, the video of No. 102 and 302, and there is no other evidence to prove otherwise.

Rather, in full view of the results of this court’s inquiry about appraiser D’s appraisal, the entire purport of this court’s argument is as follows: (a) as a result of the fact that, in the toilet vertical piping inside the toilets for common use in the middle of No. 105 402 and No. 302, the leakage is not currently underway; and (b) it does not seem that the repair work did not appear to have been performed up to the present time after the leakage occurred in the above apartment No. 102 and No. 302; and (c) when the public feet was opened around February 13, 2013, the leakage is being conducted in the above vertical pipe No. 302.

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