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Reasons
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(영문) 수원지방법원 2017.07.13 2016나20036
손해배상(기)
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The following facts do not conflict between the parties, or each entry or video of Gap evidence Nos. 4-1 to 8, Gap evidence No. 8, and 10 may be admitted, taking into account the whole purport of the pleadings:

The Plaintiff is the owner of 301, the Gwanak-gu, Seoul Special Metropolitan City Carryover (hereinafter referred to as the “instant lending”) and is leased to others.

B. The Defendant is the owner of the instant loan No. 402, and is leased to another person.

C. From June 2015, water leakage (hereinafter “water leakage”) occurred at the place of the bathing room of this case 301, the bathing room of this case occurred.

2. Summary of the parties' arguments;

A. The leakage of water in this case occurred due to the rupture and lack of waterproof treatment, etc. that occurred in the bathing rooms of Plaintiff 402, thereby causing damage to the bathing rooms of this case 301.

Therefore, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 4,545,00 in total amount of KRW 4,545,00,00, which the Plaintiff sustained due to the damage to the water leakage of this case by the Plaintiff (i.e., KRW 40,000, the replacement cost of the bath room, etc. (i., KRW 2,015,000, KRW 150,000, KRW 240,000, KRW 1,240,000, KRW 300,000, KRW 300,000, KRW 4,000 for the transport cost of the bath room, etc.).

B. Defendant 1) Even if the water leakage of this case occurred due to the defect in 402, the water leakage of this case was not caused by the defect in 402. (2) Even if the water leakage of this case occurred due to the defect in 402, the damages claimed by the Plaintiff, which was incurred by the Plaintiff, shall not be deemed to have suffered damages equivalent to the above expenses due to the water leakage of this case, as expenses incurred in newly remodelling the inside of the old No. 301 of the loan of this case.

3. Determination

(a) The occurrence of liability for damages 1.

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