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Reasons
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(영문) 부산지방법원동부지원 2014.10.02 2012가합5307
손해배상(기)
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1. Defendant C’s KRW 16,352,289 as well as 5% per annum from September 5, 2014 to October 2, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Busan Metropolitan City D apartment (hereinafter “instant apartment”) 202, and Defendant B is the owner of the instant apartment.

Defendant C is the father of Defendant B, and he occupies the apartment of this case 302.

B. Under the 302 apartment house of this case, 202 apartment house of this case was located, and there was an accident in February 2012 where water flows out from the 202 main stream of the apartment house of this case (hereinafter “water leakage accident of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 to 6, appraiser E's appraisal result, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that water leakage occurred in 302 of the apartment of this case and water leakage accident that flows out on the riverside of 202 of the instant apartment of this case.

As a result, the Plaintiff suffered damages as follows, each of the Defendants was obligated to pay 123,520,010 won (i.e., defect repair expenses of KRW 68,618,500,000,000,000 for non-business closure damages of KRW 54,801,510,000 for non-business closure damages of KRW 133,520,010, or the Plaintiff is liable to pay damages for delay) and damages for delay.

1) 62,810,00 won is required with the cost of repair, including the cost of repairing defects, the cost of preventing water leakage in the cell room, the cell room, the electric room, the storage room, the storage room, the slive cell, the escape of water leakage in a tent, the cost of recovering water leakage in a remote area, the floor-to-date and the slive of water leakage, and other expenses. The amount should be included in the amount of damages of KRW 5,808,50 for the purchase cost, such as other days separately paid by the Plaintiff. 2) From August 15, 2010 to September 14, 2014, the amount of damages equivalent to KRW 54,801,510 for the instant apartment from August 15, 2010 to September 14, 2014, the Defendants should compensate for the said amount as the amount of compensation for business suspension damage.

3. The consolation money cannot be restored to the Plaintiff due to the water leakage accident in the instant case.

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