Text
1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following order for payment shall be revoked, and that part shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of Busan Shipping Daegu Down (hereinafter “instant loan”) No. 203 (hereinafter “203”), and the Defendants are the owners of the said Do lending No. 303 (hereinafter “303”).
B. Since January 2013, water leakages occurred, part of the 203cheon, bath, bath, room 2 partitions, and room was damaged.
C. As a result of investigating the causes of water leakage by a water leakage detection expert with the consent of the Defendants, the Plaintiff revealed that water leakage occurred due to cracks in the heating pipe No. 303.
The plaintiff accepted the damage portion of 203 caused by the water leakage, and the appropriate repair cost is KRW 8,712,00.
【Ground for Recognition: Facts without dispute; Gap evidence 1, 2, Eul evidence 1 (including number); the results of the appraisal commission to the appraiser E; the results of the fact inquiry to the relevant appraiser E; the purport of the whole pleadings
2. Determination
A. According to the facts of recognition of the above liability for damages, the amount of water leakage occurred due to cracks in the pipes listed in 303 owned by the Defendants, and as a result, the above damages occurred under 203 owned by the Plaintiff, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages incurred therefrom.
B. 1) Limit of liability for repair costs: (a) limit of liability of KRW 8,712,00 (2). However, in full view of the following circumstances, i.e., old-age buildings for which 20 years elapsed after completion of the loan of this case, which can be seen as having contributed to the occurrence of the above damage; (b) the Plaintiff appears to have contributed to the occurrence of the above damage; and (c) the Plaintiff’s failure to continue to reside in 203 and thus, it appears that the damage was increased by leakage as soon as he did not know of the occurrence of damage, it is fair to share the damage to the Defendants.