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1. All appeals by the defendant (appointed party) and the plaintiff's incidental appeal are dismissed;
2. Costs of appeal.
Reasons
1. Grounds for appeal by the plaintiff and the defendants
A. The Plaintiff’s assertion is that the Plaintiff is obliged to pay accommodation expenses of KRW 30,00 per day from July 23, 2017, where the Plaintiff’s housing was restored and used normally from July 20, 2017, to August 20, 2017, through drainage pipes installed in the balcony of the Defendant’s housing (hereinafter “the instant water leakage”). As such, the Defendants are obliged to additionally compensate the Plaintiff for the said accommodation expenses of KRW 870,00 (=29 days x 30,000).
In addition, the plaintiff suffered considerable inconvenience in daily life due to the water leakage in this case, and has to pay a lot of effort and expenses to recover salves, and due to difficulties in calculating heavy prices with respect to household appliances damaged at the time, etc., the defendants could not claim damages properly against the defendants. In light of these circumstances, the defendants are obliged to pay the plaintiff additional KRW 2,00,000,000 as well as KRW 1,00,000, which is recognized in the first instance judgment as compensation for mental damages.
B. The Defendants’ assertion that the instant water leakage occurred is a drainage pipe corresponding to the section for common use of multi-household houses, not the section for exclusive use of the Defendant’s housing, and thus, the Defendants are not liable to compensate for the damages. Even if the Defendants’ liability is recognized, the scope of liability should be limited to 1/4 of the total amount of damages calculated by dividing
In addition, according to the evidence submitted by the Plaintiff, even though the amount of property damage suffered by the Plaintiff was KRW 2,481,500, the amount of property damage was unfairly or excessively calculated on the basis of the Plaintiff’s assertion, and the amount of disaster subsidy received by the Plaintiff should also be deducted.