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(영문) 인천지방법원 2019.10.23 2019나425
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's main grounds for appeal, citing the judgment of the court of first instance, seems to be significantly different from the plaintiff's assertion in the court of first instance, to the effect that the causes attributable to the plaintiff's house are located in the defendant's house. However, in addition to the evidence submitted in the court of first instance (including partial number 10 to 35 (including items and images of evidence Nos. 10 to 20 to 29) added to the evidence submitted in the court of first instance, the fact-finding and judgment of the court of first instance to this purport are justifiable, so long as it is difficult to deem that the water leakage in this case was caused by a cause attributable

Therefore, the reasoning for this court's explanation is as follows, except for the addition of the judgment as to the arbitr who is a newly claimed by the plaintiff to this court, and therefore, it is consistent with the reasoning for the judgment of the court of first instance.

2. Additional determination

A. The sum of water generated from the Plaintiff’s alleged housing was generated by wastewater to the wind that the sewage pipe installed in the kitchen just of the Defendant’s housing was obstructed in the course of the Defendant’s winter Kim at the time. Thus, the Defendant is liable to compensate the Plaintiff for the entire damages suffered by the Plaintiff due to the water leakage in this case.

B. Around the time the water leakage of this case occurred in the Plaintiff’s housing, the fact that C was obstructed by the Defendant’s housing, and that C, who performed water leakage construction in order to find out the cause of water leakage generated from the Plaintiff’s housing, had the bottom part of the main kitchen floor of the Defendant’s housing; and that C, in the process of water leakage detection, had deducted the sewage pipe part installed in the said Washington from the Defendant’s housing again connected the Plaintiff’s housing. There is no dispute between the parties.

However, in light of the following circumstances that could be known by the respective descriptions of the evidence referred to in subparagraphs 1 through 9, 13 through 16, and 19 through 28 and the purport of the entire pleading and video.

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