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(영문) 부산지방법원 2016.09.01 2015나43896
손해배상(기)
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. Filing an additional claim for the costs of appeal.

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 2,07,00,00 in total, including ① 757,000, ② 320,000, ③ solatium 1,000, and ③ 1,07,000, and the court of first instance accepted the claim, ② the remainder, and ③ the claim was dismissed.

Accordingly, among the part against which the plaintiff lost, the plaintiff appealed only to the claim.

Therefore, the scope of the judgment of this court is limited to the claims filed by the plaintiff and the claims for the performance of the leakage prevention work added in the trial.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is a resident of this case 102, and since July 2008, there was a large amount of water leakage in a bank, a small bank, a remote area, etc.

Since the aforementioned causes of water leakage are the parts of this case lending No. 202, the Defendant, as the owner, is obligated to pay consolation money to the Plaintiff KRW 1 million and damages for delay thereof, and ② to perform water leakage prevention work on the toilet water pipe and toilet floor of the second floor of this case in order to prevent additional water leakage damage.

B. (1) As to the claim of consolation money first, in a case where a property right is infringed due to a tort of another person, etc., the mental suffering shall be deemed to have been recovered from the compensation for the property damage. Thus, if a property damage was caused as a result of an irrecoverable mental damage, which is not recoverable from the compensation for the property damage, this shall be a damage due to a special circumstance, and if the perpetrator knew or could have known such circumstance, he/she

(See Supreme Court Decision 96Da31574 delivered on November 26, 1996). Each of the descriptions of Gap evidence 2 and 3 (including a serial number) was in a special circumstance that the plaintiff suffered an irrecoverable mental damage due to water leakage to the plaintiff due to property damage.

(b).

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