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(영문) 전주지방법원 2015.05.26 2014가단9450
손해배상
Text

1. The Defendants jointly share KRW 10,434,00 to the Plaintiff and Defendant B with respect thereto from April 29, 2014, and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is each owner of the instant apartment Nos. 102, 105-dong (hereinafter “instant apartment”), Defendant B is the owner of the instant apartment No. 202, and Defendant C is the owner of the instant apartment No. 302.

B. The drainage pipe of each of the instant apartment units 202 and 302 is connected to the central drainage pipe leading to the entire households of the instant apartment units. The number of water leakages caused by combinations of the defects in the input part and the external walls cracks, water supply and sewerage pipes, etc. existing in the instant apartment units, was filled by the indoor toilets of 102 of the instant apartment units, and the toilets and floors were flooded.

C. Meanwhile, the Plaintiff opened the floor of each room, toilet, and kitchen without knowing the causes of inundation, etc. that occurred in 102 of the apartment of this case, and completed the blocking construction for the drain pipe inflows, and completed the repair by installing a re-scriptive wall, lumber, and double-scriptive construction. The Plaintiff spent KRW 33 million with the above construction cost and KRW 17.8 million with the director’s expense for the construction work.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 11, Eul 1 through 6, Eul 1 or 2, each entry and video, and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the defendants, as owners of the apartment of this case 202 and 302, caused damages to the plaintiff by violating their duty to preserve, manage, and repair drainage pipes of the safe toilets belonging to them. Thus, the defendants are jointly liable to compensate the plaintiff for the damages incurred to the plaintiff. The defendants are jointly liable to compensate for the damages incurred to the plaintiff. The above 34,780,000 won (=33,000,780,000 won) paid by the plaintiff and the flood of this case. Thus, there is a proximate causal relation between the plaintiff and the flood, barring special circumstances, the defendants are jointly liable to compensate the plaintiff for the above 34,780,000 won.

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