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(영문) 광주지방법원 2018.02.14 2017나54028
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

1..

Reasons

1. Basic facts

A. The plaintiff is the owner and resident of the 107 unit, Dong-gu, Gwangju, Gwangju, and the defendant is the person who resides and occupies the same apartment 207 unit.

B. On March 16, 2016, around 08:40, the Plaintiff confirmed the occurrence of water leakage (hereinafter “the first water leakage”) from the balcony government portion, and reported it to the C Apartment Management Office.

The plaintiff suffered damage due to the first water leakages 5, 6, balcony 6, balcony 6, and hot-projecting room 6. The plaintiff suffered from the damage of the water, such as the bags, which were suffering from the sucking of the water.

C. At the time the Plaintiff reported the first water leakage, the Plaintiff visited the said apartment Nos. 107 and 207 in order to verify the water source. The Plaintiff discovered water shot around the boiler installed in the balcony No. 207 located on the upper part of the balcony No. 107 where water leakage occurred.

Under the above boiler, the balcony floor with a wide size of 50 x 70 cm was set up as a private block, but approximately 20 cm high water was cut on the balcony floor which was set up as the block. D.

On April 20, 2016, the Plaintiff confirmed the occurrence of water leakages (hereinafter referred to as “the second water leakages”) in the 107th and the main river, and reported it to the C Apartment Management Office. The cause of the second water leakages was confirmed to be due to the heat of air conditioning pipes, which is turned into a housing bath room in the above apartment.

The Hyundai Marine Fire Insurance Co., Ltd., a liability insurance company for the above apartment 307, paid KRW 2,100,000 for the attached drawings No. 107 in relation to the second leakages of the apartment.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 5 through 10, 14, 16, and Eul evidence Nos. 2 (including each number), C apartment and Hyundai Marine Fire Insurance Co., Ltd.

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