1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 2,500,000.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs operate penta in Incheon Jung-gu D (hereinafter “D”) and the Defendant operates a restaurant in the adjoining E (hereinafter “E”).

B. Around July 15, 2015, the Defendant, while carrying out a construction project to lower the end of his/her own land E, had a blicker technician working for the work, who was located on the land E, damage the Plaintiffs’ sewage pipes (hereinafter “Plaintiffs’ sewage pipes”) by flicking them.

C. The Defendant was sentenced to a fine of KRW 500,00 on April 1, 2016 for the crime of damaging the Plaintiffs’ wastewater in the property damage case of Incheon District Court 2016 High Court 539, and was sentenced to a suspended sentence of KRW 500,000 on January 19, 2017 in the property damage case of the Incheon District Court 2016No1055, which appealed by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 4, Eul evidence No. 6, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the plaintiffs' assertion is that the defendant newly established purification and sewage pipes by causing damage to the sewage pipes of the plaintiffs, and 5,000,000,000 won for cleaning the septic tanks, and 2,240,000 won for cleaning the septic tanks. The defendant damaged sewage pipes to cause mental suffering equivalent to 5,00,000 won for consolation money to flow out by underflowing sewage pipes and exceeding the septic tanks. The defendant sought payment of 10,00,000 won out of the above damages.

B. As seen earlier, as seen earlier, the Defendant’s damage liability is recognized. Accordingly, the Defendant is liable to compensate the Plaintiffs for the damage caused by the damage of sewage pipes to the Plaintiffs. 2) As such, the Defendant connects the Plaintiffs to its superior pipes buried in the land E-land without permission, the Plaintiffs’ damages liability is nonexistent.