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(영문) 서울중앙지방법원 2015.01.29 2014나20386
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The Plaintiff’s basic facts, the owner of Gangnam-gu Seoul Building (hereinafter “instant building”) 201, operates a dental clinic within the said building, and the Defendant, as the owner of the same building 301, operates a D dental clinic within the said building; and the Plaintiff discovered ice Luxembourg station where water flows into its hospital clinic around June 2013, there is no dispute between the parties.

2. The defendant asserts that the plaintiff's hospital head was damaged due to water leakage from the Defendant's hospital heating ID located on the upper floor of the plaintiff's hospital, and that the defendant sought compensation for damages of the amount stated in the purport of the claim among damages of KRW 2,270,00 for repair work costs, KRW 5,337,696 for construction period, KRW 5,37,696 for sales damages of 4 days for construction period, and KRW 2,100,00 for mental damage due to stress, etc., including construction period, and KRW 9,707,696 for total damages.

3. Determination

A. First of all, with respect to whether there is a defect in the installation and preservation of the Defendant’s property, the examination room of the Defendant hospital is located in the hospital room of the Plaintiff, where ice is located, and the Defendant’s hospital of the Plaintiff is installed with a device using water for each medical clinic (lorth, automatic water supply, lorth, lorth) and all kinds of pipes, etc. are passed. As a result of the examination of the removal of the water unit of the upper floor by the diagnosis room of the diagnosis room, the appraiser discovered that the Plaintiff, as a result of the examination of the removal of the water unit of the upper floor of the 3rd floor and the 2nd floor of the 2nd floor of the 2nd floor of the 3rd floor, by deeming that the water flows in the shape of the 3rd floor and the 2nd floor of the 2nd floor of the 2nd floor of the water and then water flows in the 2nd floor of the 2nd floor of the wood pipe.

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