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(영문) 서울동부지방법원 2016.03.30 2015나5509
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On November 23, 2013, the Plaintiff: (a) ordered the Defendant to perform the Plaintiff’s construction of artificial park works, such as the Plaintiff’s toilet; (b) the Defendant constructed the toilet floor at a height higher than the living room and the inner room; and (c) constructed the station mouth with the mouth, and installed the toilet floor at a mouth; and (d) there were defects such as the water of the toilet floor at the living room and the inner room with the water of the toilet floor coming from the room and the inner room, and the construction cost of KRW 4.9 million is required to repair such defects; and (c) the Defendant shall compensate the Plaintiff for the said damages.

The records or images of Gap evidence Nos. 1 through 3 (including paper numbers) are not sufficient to recognize that the plaintiff asserted as above and demanded the repair of the defects, etc., and the photographs and estimates showing that the plaintiff taken the floor of the plaintiff's house. The evidence alone is insufficient to recognize that the interior work done by the defendant caused the error of the floor strawing, etc., and there is no other evidence to acknowledge otherwise.

(E) In light of the above, the Defendant asserted that the Plaintiff used excessively water outside the shower room, like the shower toilet, even though he explained that the Defendant would use water outside the shower room in agreement with the Plaintiff. However, the Plaintiff also recognized that the shower part was constructed at a level lower than the surrounding floor, and according to Gap evidence No. 1-2, the Defendant appears to have explained the Plaintiff about the use of the shower toilet as well as its explanation to the Plaintiff. 2. As such, the Plaintiff’s claim is dismissed as it is without merit, and the judgment of the first instance court is just, and the Plaintiff’s appeal is dismissed as it is so decided as per Disposition.

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