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(영문) 서울고등법원 2013.02.08 2012나27119
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff kept miscellaneous and small household appliances, etc. imported from foreign countries under the name of Geumcheon-gu Seoul Metropolitan Government building B (hereinafter “C”) in the name of “C”, and sells them through the Internet, etc. The Defendant is a non-corporate company that is composed of representative members elected by a majority of the votes obtained at the tenant conference of each floor consisting of sectional owners of the instant building, and is responsible for the management, operation, etc. of the instant building.

B. Each of the households of the instant building was connected to the sanitary pipes from the fourth to the fourth floor. On January 11, 2011, and on two occasions on January 25, 201, the sanitary pipes were prevented by the Han wave, and thus, the wastewater discharged from the above level in accordance with the sanitary pipes was not lowered down to the lower level, and was flown out through the main pipes connected to the sanitary pipes, thereby causing an accident in which the balcony and the indoors of the instant building are flooded (hereinafter “the instant first or second flood accident” in accordance with the order of occurrence, and each of the instant flood accidents was referred to as “the instant flood accidents”).

C. Due to each flood accident of the instant case, some of the imported household appliances and small household appliances owned by the Plaintiff, which were kept by the Plaintiff under 903 of the instant building, were flooded.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 11, and 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is liable to repair and manage common facilities for the entire building of this case. Although the Defendant is obligated to take appropriate measures, such as heat treatment or fractional measures, etc., in order to prevent flood-related accidents caused by the ice ice ice, etc., the Defendant neglected to take such measures, which led the Plaintiff to the occurrence of each flood-related accident of this case.

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