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(영문) 서울중앙지방법원 2015.07.15 2014나68364
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. The Plaintiff is the owner of Dongjak-gu Seoul Metropolitan Government Carryover 206, and the Defendant is the owner of Carryover 306.

Between March 2013 and May 2014, CBL 206 was damaged by water leakages.

[Grounds for recognition] Gap 2, 3, 4, 6, the purport of the whole pleadings

2. Determination (as the Plaintiff appealed only to the Defendant, determination is limited to the property claim part for which the Plaintiff’s claim was accepted in the judgment of the first instance court). According to the purport of the entire arguments and the five, six and the following facts can be acknowledged, and contrary to the purport of the entire arguments, Eul- 4

From March 2013, 2013, the water leakage occurred in the bathing room and small room of CBC 206, and the plaintiff thought that the cause could be 306.

On May 2013, the Plaintiff sought advice from D Industrial Engineer E, a defect repair business entity, about water sources.

E was called as a water testing knife to the bath room 306 in knife knife.

The plaintiff, at the request of the defendant, sent the test color excess to the sewage of the bathing room No. 306, and the following day, water was inspected into the bathing room No. 206 and the small ceiling and the wall of the room.

The plaintiff demanded the defendant to pay the arbitr fee and the compensation for damages arising under 206, but the defendant did not comply with this.

Of that, the defendant from May 5, 2014 to the defendant

5. Until September 1, 200, toilets waterproof construction referred to in 306 was implemented, and thereafter, water leakage in 206 did not occur.

The costs of the plaintiff's restoration of water leakage damage caused by the bathing rooms and small rooms in 206 are 4.3 million won.

In light of the above facts, it is reasonable to view that the leakage of water that occurred in 206 was due to the defect in the bath room No. 306.

Therefore, the defendant is obliged to pay 4.3 million won of the cost of repairing defects and damages for delay to the plaintiff.

On or before April 2014, the defendant said that it is remuneration or recovery of damage caused by water leakage from the plaintiff.

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