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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff is the owner of Ansan-si BBL (hereinafter “instant loan”) A Dong B01 (hereinafter “instant house”).
The Defendant, as urban gas supplier, installed urban gas supply pipes in 2001, connected gas pipes buried along the road boundary lines (hereinafter “instant drainage pipes”) to gas pipes (hereinafter “instant gas pipes”), thereby damaging the drain pipes and destroying the drain pipes without repairing the drain pipes.
As a result, water in this case Ba B02 was drained due to its failure to properly drained, and high water flows into the housing of this case as above.
B. Such Defendant’s mistake causes, for 13 years, the Plaintiff incurred emotional distress due to flood prevention costs, mycoi, and malodor. This is equivalent to 15,00,000 won.
In addition, due to the decline in the market price of the instant housing, the Plaintiff suffered damages of KRW 14,00,000 (20,000,000 at the market price of the instant housing x 70%).
C. Therefore, the defendant is liable to pay to the plaintiff KRW 29,000,000 and damages for delay.
2. In light of the following circumstances, the evidence Nos. 1, 2, and 3, which is acknowledged as a whole by considering the overall purport of the pleadings, is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's assertion is without merit.
The drainage pipe of this case is located in approximately 1.4 meters in depth, and the gas pipe of this case is located in approximately 1.1m in depth, and approximately 0.7~0.8m in width.
Therefore, it is difficult to view that the gas pipe of this case damaged the drainage pipe of this case through the drainage pipe.
The defendant shall supply gas to users via pipes according to general urban gas business operators and general demand under the Urban Gas Business Act (hereinafter referred to as the "Act").
(Article 2) of the Act. Urban gas shall be