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(영문) 인천지방법원부천지원 2020.07.23 2019가단18589
손해배상(기)
Text

The plaintiff's claim is dismissed.

Costs of appraisal shall be borne by the defendant among the costs of lawsuit, and the remainder shall be borne individually.

Reasons

1. Basic facts

A. The Plaintiff leased Kimpo-si C Building D and E (hereinafter “E”) to operate F Private Teaching Institutes, and the Defendant leased the same condominium G (hereinafter “G”) and operated the health center.

B. As indicated in the separate sheet, E and G jointly use the walls, and the Defendant used the adjacent parts of the G as a shower room in the health room. Accordingly, from around 2015, the damage caused to water leakage, such as counging in the wall from around 2015.

C. On June 29, 2016, the Plaintiff and the Defendant: (a) performed the repair work in Gho Lake; (b) agreed to pay KRW 5.3 million for damages related to E suffered by the Plaintiff; and (c) accordingly, the Defendant paid KRW 5.3 million to the Plaintiff around that time.

Even after the occurrence of water leakage damage to E, and according to the appraiser's appraisal entrusted by this court, water leakage damage caused by E was confirmed to be damage caused by the difference of water, not by the defect of water supply and drainage pipes of walls, but by the damage caused by Gho Lake Warsaw room because the water was not constructed or properly constructed.

(e) the same appraiser presents an appraisal opinion that the cost of KRW 6,201,947 (including value-added tax) is required to repair the wall of heading E in accordance with the loss of water leakage.

F. The Defendant transferred from January 17, 2020 to G, and the new lessee completed the waterproof construction on G around February 11, 2020.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap's 1 through 6 (including each number for a case with an additional number), the result of appraiser H's appraisal, the purport of the whole pleadings

2. Summary of the Plaintiff’s claim

A. According to the appraisal of the cost of remuneration under subparagraph 1, the remuneration cost of KRW 6,201,947 is required to repair the wall of subparagraph 1. The Defendant paid KRW 5,300,000 among them in advance, and thus, the remainder of KRW 901,947 ( KRW 6,201,947-5.3 million) shall be paid.

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