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(영문) 서울중앙지방법원 2016.11.29 2014가단251967
손해배상금
Text

1. The Defendants’ respective KRW 9,252,436 and each of the said money to the Plaintiff annually from June 12, 2014 to November 29, 2016.

Reasons

1. Comprehensively taking account of the overall purport of arguments and arguments as to Gap 1 through 8, 10 through 16, Eul 2 and 3 evidence (including all of the numbers), witness D's testimony, and appraiser E's appraisal, the plaintiff is the owner of Gagra in Jongno-gu Seoul Metropolitan Government (hereinafter referred to as "Gagra") 302 (limited to 302), Gagra 402 (limited to 402), the upper floor adjoining the above Gagra 402 (limited to 402), and 1/2 shares of the above Gagra 402 (limited to 402), the defendant C acquired each ownership on September 12, 201, and the remaining 1/2 shares of the 20th floor of the building, and the defendant C again acquired 200 square meters of the floor of the building and 2nd floor of the building and 3nd floor of the building of this case without water leakage.

According to the above facts, the Defendants, who are the holders of 402 shares, neglected the construction of the bendle floor waterproof, which is the part of exclusive ownership, and neglected the maintenance and management of the drainage hole so as to prevent the drainage hole. Accordingly, the Defendants are liable to compensate each Plaintiff for damages as prescribed in Article 758 of the Civil Act according to their shares, as long as they caused flood damage to the Plaintiff, who is the owner of 302 below the floor, due to the maintenance and management defects.

2. Scope of damages.

A. The part acknowledged as damages of the Plaintiff’s assertion is as follows.

(i) 3,500,000 won (Evidence A 5) for the fixed electrical construction cost, 15,004,872 won appraiser E for the repair cost for shed flood damage.

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