1. Of the judgment of the court of first instance, KRW 10,864,502 against the Plaintiff and its related thereto, from October 28, 2011 to December 11, 2014.

1. Basic facts

A. B, a main complex building located in Guro-gu Seoul Metropolitan Government, is a parking lot from the fourth to the second floor underground (hereinafter “instant parking lot”); from the fourth floor underground to the fourth floor above the ground; and from the sixth to the second floor above the ground; the Defendant is an organization consisting of apartment occupants in the above B; and the Plaintiff is operating a postnatal care center from August 2006 to the fourth floor with the trade name “D postnatal care center.”

B. From October 13, 201 to 15:00 on October 13, 201, the Defendant performed annual disinfection in the instant parking lot from around 14:00.

(hereinafter referred to as “the instant disinfection”). At this end, two mothers who were enrolled in the Plaintiff’s postnatal care center, left from each early post care center by one mother on the following day, and were paid part of the tuition fees.

C. On October 21, 201, from around 07:00 to October 19:00, 201, the Defendant carried out construction work on the floor of the instant parking lot (hereinafter “instant painting work”) and prohibited the entry of vehicles.

As a result of the execution of the instant painting work, 13 mothers, on the first day of the implementation thereof, retired from each post-care center, and 2 mothers following the day were paid part of the entrance fee.

[Ground of recognition] Facts without dispute, Gap 1-8, 10, 13-19 evidence, Eul 2-6 evidence (including a Serial number; hereinafter the same shall apply) or video, Gap 1-8, 10, 13-19 evidence, Eul 2-6 witness E of the first instance court, testimony of the first instance court E, the fact inquiry results on the F of the first instance court and the three-day technology public service of the company

2. The Plaintiff asserted that malodor, harmful gas, etc. generated from the smoke prevention, disinfection and painting construction of the instant case, which was carried out by the Defendant, were introduced into the Plaintiff’s postnatal care center, and caused the Plaintiff’s suffering and injury to the mother and newborn baby who was living in the place, thereby getting them to leave early, and eventually, the Plaintiff’s postnatal care center.