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(영문) 대구지방법원 2018.05.16 2017나8232
손해배상(기)
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. The Plaintiff asserted that the Plaintiff died in Daegu Dong-gu C Apartment 207 and the Defendant 307 of the same apartment. From August 2016, 2016, due to water leakage under the above 307 of the Defendant’s life, there were defects, such as the Plaintiff’s water flow out into the ceiling and toilets under the above 207, and fung in the room remote areas (hereinafter “instant defect”).

Therefore, the defendant has a duty to compensate for damages of 8,900,000 won and damages for delay suffered by the plaintiff due to defects in the installation and preservation of structures.

2. The reasoning of the judgment below and evidence Nos. 2 through 4 alone is insufficient to find the fact that the defendant suffered the defect of this case due to the leakage of water under the above 307, and there is no other evidence to find this otherwise. Thus, the plaintiff's above assertion cannot be accepted.

[In light of the results of appraiser D's appraisal, defects such as water leakage and mycoin in 207 are deemed to have occurred due to the deterioration of the building: ① water leakage due to the deterioration of outer walls and windows, joints due to the malfunction of joints, joints, and joints due to the failure of joints and joints due to the failure of joints and joints, ② inside heat of households, and joints due to the failure of joints and joints due to the deterioration of the building. 3. Accordingly, the judgment of the first instance is legitimate, and thus, the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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