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(영문) 부산지방법원 2020.08.13 2019가단315642
손해배상(기)
Text

1. The Defendant’s KRW 3,194,696 as well as the Plaintiff’s annual rate from June 4, 2019 to August 13, 2020, and from August 14, 2020.

Reasons

1. Basic facts

A. On March 18, 1995, Busan Jundong (hereinafter “instant building”) acquired the ownership of the instant building E (hereinafter “E”) on June 20, 206, and the Defendant acquired the ownership of the instant building F-ho (hereinafter “F-ho”) on April 27, 2001, respectively.

B. In January 2019, damage caused by water leakage on the part of the main bank of the E heading on the end of the end of February 21, 2019 and February 22, 2019, the Defendant carried out a waterproofing construction among the molding on the end of February 21, 2019, but the water leakage was again commenced on the part of the Eheading on March 2019.

C. As of May 20, 2020, water leakage has occurred in the connecting part of the wall pipe and accessory steel products connected to the water tank for the main bank of F, and the water leakage has been in progress in the ceiling and walls over the main bank of E, which is below the lower floor, and due to this, the total of 11.2 square meters and the left-hand wall of 1.2 square meters is contaminated, and the lighting fixtures installed in the main bank of E, and are removed due to the contamination of the exhauster of 11.2 square meters in total and the left-hand wall of 1.2 square meters in the upper part of E, and the lighting fixtures installed in the main bank

In addition, at the time of water leakage in 2019, the repair work of the F toilet was suspended thereafter, but due to this, the water leakage was contaminated by 1.5 square meters on the right side side side of the toilet entrance entrance, and on the e- toilet toilet tank concrete slvement ceiling and tidal walls, and on the wall side of the toilet entrance entrance.

【In the absence of dispute over the grounds for recognition, Gap’s evidence 1-2, Gap’s evidence 2, Gap’s evidence 3-1, 2, Gap’s evidence 5-1 through 8, Gap’s evidence 6-1, 2, Gap’s evidence 7-1 through 4, Gap’s evidence 8, Gap’s evidence 9-1, 2, and 3, and the purport of the whole pleadings as a result of a request for a short-term appraisal to appraiser G by this court

2. The plaintiff's assertion and judgment

A. The first damage caused by water leakage under subparagraph 1 E is around 2016 for the first time, and if water leakage occurred on January 2019 thereafter, the Defendant does not promptly perform waterproof construction, but rather has considerable time after water leakage occurred.

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