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(영문) 서울남부지방법원 2012.02.21 2011가합3481
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a trade entity that engages in trade business under the trade name of Geumcheon-gu Seoul Metropolitan Government building B (hereinafter “instant building”) 903, and the Defendant is an organization that is responsible for the management, supervision and operation of the commercial buildings in the instant building.

B. The Plaintiff kept the daily living miscellaneous and small home appliances imported from foreign countries under the above 903, and sold them via the Internet.

C. Each of the households of the instant building was connected with the sanitary pipes from the fourth to the fourth floor. On January 11, 2011, the sanitary pipes set forth in the above 903 were obstructed, and the flooding accident of 903 was caused by the flooding of the water that fell from the upper floor due to the sanitary pipes set forth in the above 903 on two occasions on the second day of the same month (hereinafter “instant flooding accident”).

The plaintiff suffered flood damage due to the flood accident of this case by living miscellaneous and small home appliances kept in the above 903.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 11 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (1) is liable to repair and manage the common facilities for the entire building of this case. Although the Defendant has a duty to take measures to prevent flood accidents caused by the lack of sanitary pipelines, the Defendant did not take appropriate measures, such as heating, cutting off, etc. on the sanitary pipelines, and the Plaintiff did not incur damages equivalent to KRW 21,010,088 due to the flood accident of this case more than twice, and thus, the Defendant is liable to compensate the Plaintiff for the said damages.

(2) The Defendant’s assertion that the flood accident of this case did not cause any heating to prevent the Plaintiff from breaking the sanitary piping, and the Plaintiff’s balcony led foreign substances to the sanitary pipe.

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