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(영문) 서울중앙지방법원 2016.08.18 2015나44310
손해배상
Text

1. The appeal by Defendant M&C Co., Ltd. is dismissed.

2. The appeal cost is the defendant corporation.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the respective “H” of the first instance court acts No. 4, No. 5, and No. 8, No. 7 of the first instance court's judgment is cited as “K”; and (b) Defendant MNC's argument is identical to the reasoning of the first instance court's judgment, except for addition to the corresponding part of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The decision of the court of first instance No. 7, 9 of the decision of the court of first instance, and Defendant MNC asserted that, even if wastewater discharged from sewage pipes destroyed in the course of the execution of the construction of the instant building was generated by water leakage and malodor, water leakage, etc. would not have occurred if the outer wall waterproof construction of the instant building was properly done, since the water leakage and malodor on the first floor of the instant building should be viewed as due to the defect in the instant building itself.

In this case, there is no evidence to acknowledge that the water leakage and malodor of the first floor of the instant building were caused by defects existing in the instant building. Even if there is a defect in the instant building and that the defect caused water leakage and malodor in combination with the damage of sewage pipes, insofar as there is a proximate causal link between the damage of sewage pipes responsible for Defendant MNC and the damage of sewage pipes and the water leakage and malodor of the first floor of the instant building, Defendant MNC still is liable for the damages suffered by the Plaintiff, so the above assertion by Defendant MNC is without merit.

[Attachment No. 8 of the first instance court's decision] Defendant MNC generally constitutes ordinary damages, since the amount equivalent to the repair cost or the cost of restoration to its original state can be repaired or restored in cases where goods are damaged by tort. Thus, the Plaintiff's ground of the building in this case.

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