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(영문) 인천지방법원 2015.06.26 2014가단35890
손해배상(기)
Text

1. The Defendants jointly share KRW 5,712,700 with respect to the Plaintiff, and 5% per annum from September 5, 2014 to June 26, 2015.

Reasons

1. Facts recognized;

A. The Plaintiff is a person who operates a scambling room on the second floor of the 2nd floor of the Kucheon-si E building (hereinafter “instant building”). The Defendants are co-owners of the 3rd floor massage practice room of the instant building.

B. Damage to the waterproof floor of the floor of the third floor boiler of the instant building, slurf 10, 11, and 11, which caused water leakage due to the damage to the floor heating boiler of the instant building (hereinafter “instant water”), thereby causing damage to the 2nd floor slurf and the slurfing of the wall.

[Ground of recognition] A without dispute, entry of Gap evidence 1-1 to 18, the result of the on-site inspection by this court, the purport of the whole pleadings

2. According to the facts of recognition as above, it can be acknowledged that the water leakage of this case occurred due to defects, such as damage to the third floor of the instant building owned by the Defendants, so the Defendants are jointly liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to water leakage of this case.

3. Scope of damages.

(a) Expenses for the repair of the part damaged by the second floor due to the leakage of water in this case: 712,700 won (the result of appraisal by the appraiser F)

B. The Plaintiff seeking payment of KRW 1,973,600 for the cost of preventing the construction of the three-story water leakage. However, there is no assertion or proof that the Plaintiff accepted it on behalf of the Defendants, and there is no ground to acknowledge the payment.

C. Although the Plaintiff requested water leakage prevention works to the Defendants due to the water leakage in this case, the Defendants did not properly perform water leakage prevention works (one year has passed since the date of the lawsuit in this case to the date of closing argument) and did not properly perform water leakage prevention works (one year has passed since the date of the lawsuit in this case). The Plaintiff suffered mental suffering due to the Plaintiff’s lack of water and the continuous occurrence of mycoi causing trouble in business. This is a property damage.

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