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(영문) 서울남부지방법원 2016.05.19 2015가단9701
손해배상(기)
Text

1. The Defendant’s KRW 6,877,875 as well as the Plaintiff’s annual rate of 5% from September 15, 2012 to February 10, 2015.

Reasons

1. Determination as to a claim for damages

A. According to the occurrence of liability (1) A’s evidence 1-1 through 13, Gap evidence 9-1 through 3-3, appraiser D’s appraisal results, and witness D’s testimony and pleading overall purport, the Plaintiff is found to have owned each of the building Nos. 101 (hereinafter “instant No. 101”) of Gangseo-gu Seoul Metropolitan Government, and the Defendant’s ownership of the same building No. 201 (hereinafter “instant No. 102”). The instant case No. 101 was commenced from August 2012 to 100 (hereinafter “instant water leakage”). As a result, appraiser D’s detection of water leakage with respect to No. 201, which led to the existence of water leakage in the underground water pipe, which is the section for exclusive use under subparagraph 201, and thereby, damage was found to have been damaged, such as the heading of the instant case and the joint plate.

According to the above facts, it is reasonable to view that the leakage of water in this case was caused by water leakage defects existing in the hot water pipe No. 201 of this case owned by the defendant, and therefore, the defendant is liable for the plaintiff's damages as the owner of a structure as stipulated in Article 758 (1) of the Civil Act.

(2) Meanwhile, the Defendant, on the other hand, has three hot water pipes, including two toilets and one kitchen kitchen kitchen, and the appraiser merely stated that there is a defect in the hot water pipe, but did not specify the point where the accurate water leakage occurred and the amount of water leakage, and thus, there is no credibility in the appraisal result. Considering that the water leakage of No. 101 was mainly generated after the raining of the building, the water leakage of the instant case is highly likely to incur external rainwater due to the gap that occurred due to the deterioration of the building, and that there is no causation between the defect of the hot water pipe No. 201 and the water leakage of the instant case.

However, the defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state in which the structure itself lacks safety to be equipped in general.

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