logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.22 2017나307564
손해배상(건)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On November 2010, the Plaintiff leased and resided in Daegu North-gu B apartment, a public rental apartment owned by the Defendant, 206 Dong 1603 (hereinafter “instant apartment”).

B. On November 27, 2015, a stringer pipe pipe pipe installed in the ceiling of the apartment living room of the instant apartment building laid water (hereinafter “instant accident”) and dried water in the ceiling, remote area, living room floor, Plaintiff’s books, bedclothess, and bedclothess.

C. On December 3, 2015, the Plaintiff entered into a sales contract (lease conversion) with the Defendant for the instant apartment, and completed the registration of ownership transfer on December 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion is the lessor of the apartment of this case, who is the lessee, has the duty to compensate for damages suffered by the plaintiff due to defects in the leased object, and the seller bears the warranty against defects in the apartment of this case, which is the object

The plaintiff suffered damages of KRW 9,826,00 in total, including accommodation charges of KRW 1,20,00 for 10 days during the repairing period, and KRW 1,20,000 in total, and KRW 1,00,00 in mental damage, due to the defect in the singinging pipe pipe installed in the apartment of this case, for repair costs of KRW 7,326,00,00, such as ceiling, floor, wall surface, etc., bedclothes, books, etc.

3. Determination

A. The fact that the accident of this case occurred in a sprinkler installed in the apartment house of this case was examined in the above basic facts.

B. However, the issue of whether the Plaintiff suffered loss as alleged in the instant accident is examined, and the written estimate (Evidence A 4) that seems consistent with the foregoing written estimate is prepared on July 18, 2016, after the lapse of six months from the date of the instant accident, and the Plaintiff received loans from the bank in the briefs submitted to the first instance court (No. 3, 2017).

arrow