1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is the owner and the resident of the Northern-gu C Apartment D (hereinafter referred to as “Plaintiff apartment”) at the port of port, and the Defendant is the owner of the E-ho, the upper floor of the Plaintiff apartment (hereinafter referred to as “Defendant apartment”).

B. On April 22, 2019, water leakage occurred from the valves (the part installed to close the connecting part while removing the water purifiers connected to the existing water purifiers) of the water pipe, which is behind the pressing of the Defendant apartment complex. Accordingly, the Plaintiff suffered damage caused by water leakage on the ceiling and floor part of the Plaintiff apartment complex.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is liable to compensate the plaintiff who suffered damage caused by leakage in the defendant's house, and according to the Gap evidence No. 2, the expenses for compensating the plaintiff's damage are 1,300,000 won. Thus, the defendant is liable to pay to the plaintiff 1,30,000 won for remuneration due to leakage and its delay damages calculated at the rate of 12% per annum from June 20, 2019 to the day of full payment, which is the day following the day when the copy of the complaint of this case was served.

B. As to the Defendant’s assertion, the Defendant asserts that the Defendant did not assume the Defendant’s responsibility for damages incurred to water leakage in the instant case, and that the Plaintiff’s remuneration is excessive.

Article 758(1) of the Civil Act recognizes the strict liability of the owner of a structure by providing that "if any damage is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure shall be liable for the damage: Provided, That if the possessor fails to exercise due care necessary for the prevention of damage, the possessor shall be liable for the damage.

(Supreme Court Decision 2015Da246834 Decided July 12, 2018). This is the same.