Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is the occupant of B (hereinafter “the apartment of this case”) located in Ulsan-gun, Ulsan-gun, 101 Dong 102 (hereinafter “102”) and the Defendant is an organization that maintains, repairs, manages, and collects management expenses from the occupants of the apartment of this case, and is an organization that collects management expenses from the occupants, and is not more than 102 joint sewage tanks in the second part of the apartment of this case in order to facilitate the drainage of the water for living of each of the above households.
b. The Plaintiff installed four joint sewage tanks on the first floor of the apartment of this case, including the installation of a laundry machine, and operated two laundry machines (one time before and after a year) a day (one time at the back bend, one time). On January 26, 2016, around 4:00 p.m., the Plaintiff found that a large amount of water flows into the main room, living room, or small bank of 102 p.m. and paid KRW 3,33,00 in order to repair the flooded bank, etc. (applicable to recognition). The Plaintiff did not dispute over the facts that there was no dispute over the issue of KRW 3,33,00 for repair of the flooded bank, etc. (including a serial number; hereinafter the same shall apply).
(1) The purport of each entry or video of the evidence of subparagraph (1), and of the entire pleading
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion was found due to Han wave around January 26, 2016, and a large amount of water in the drainage hole connected to the above joint sewage tank from the back beeras of 102, which led to flooding of a large amount of water.
In order to prevent the above joint sewage tank which is a public facility, the defendant shall perform the management obligation such as laying underground the above joint sewage tank or saving hot water on pipes, etc., but as a result, the defendant neglected such management obligation and caused damages to the plaintiff by inundations, etc. under 102.
Therefore, the defendant is obligated to pay the plaintiff KRW 3,33,00, which is equivalent to the repair cost of the main room, etc. of 102 as damages.
B. Determination is based on the back of January 26, 2016.