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(영문) 서울남부지방법원 2019.06.18 2018가단17062
손해배상 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000 and the Defendants B from November 1, 2018; and Defendant C from November 2018.

Reasons

1. The plaintiff's assertion

A. The Plaintiff owned and resided in Guro-gu Seoul Metropolitan Government E Apartment (hereinafter “the apartment of this case”) F (hereinafter “the apartment of this case”). Defendant B is the owner of the apartment G of this case (hereinafter “the apartment of this case”) and Defendant C and D resided in the above G by fraud with his father and wife of Defendant B.

B. From May 28, 2008, the Plaintiff resided in the apartment of the lower floor below the instant floor. From that time, water leakage was generated in the apartment of the upper floor above the instant floor, resulting in milching the bath of the lower floor above.

C. On September 25, 2016, Defendant C and D drafted a “agreement” with the Plaintiff, stating that “When water leakage occurs in the apartment building above the instant floor, the said Defendants shall be liable and compensated, and Defendant D shall be liable as Defendant B’s representative. Defendant D shall compensate for mental damage and large cleaning expenses incurred before September 27, 2016.”

The Plaintiff came to know of the occurrence of water leakage from the rest of the toilet due to the occurrence of water leakage even after the completion of the above agreement, but the Defendants refused to repair it.

The plaintiff suffered losses of KRW 4,830,00 in front of the apartment of the above floor of this case ( KRW 501,700,000 in cleaning expenses of KRW 501,700 in a ward) and suffered losses of KRW 4,830,00 in preparatory case, and suffered losses of KRW 4,830,00 in cleaning expenses of KRW 501,70 in a ward.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 4,830,000 and damages for delay.

2. Determination

A. In full view of the purport of evidence No. 3 as to the occurrence of damages liability, Defendant C and D, around September 25, 2016, are liable to the Plaintiff for all responsibility and compensation after the examination of confirmation where the Plaintiff was able to obtain another water from the apartment on the upper floor of the instant case.

9.27. The cost of mental damage previously incurred and the large cleaning four times.

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