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(영문) 의정부지방법원 2014.11.06 2014나51177
공사대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. The Plaintiff is a sectional owner of the Dong-gu Incheon Metropolitan Government Carryover B (hereinafter “instant building”) B01, and the Defendant is a sectional owner of the instant building 101, who is the upper floor.

B. On the floor of the instant building No. 201, water pipes connected to the instant building 101 are installed in the water meter outside the instant building (hereinafter “instant water pipe”). The water pipe caused water leakage from the instant water pipe, and the flood damage, such as water emitting from the floor of the instant building No. 201, around August 29, 2013, was caused.

C. Accordingly, on August 30, 2013, the Defendant: (a) repaired the said water pipeline as the instant building B01; (b) but did not completely repair it; and (c) even thereafter, the Defendant continued to have maintained the condition, such as drinking water on the floor No. 201 of the instant building.

On April 14, 2014, the Plaintiff demanded the Defendant to remove the instant water pipeline from the outside of the building while performing the construction work for restoring flood damage caused by the floor inundation of the instant building No. 201. However, the Defendant did not comply with the request, and the Plaintiff accepted the instant water pipeline at its own expense.

【Ground of recognition】 The parties involved in the case where there is no dispute between them, the entries and images of Gap evidence Nos. 16 through 21, 27 through 36 (including branch numbers), and the purport of the whole pleadings

2. According to the facts of recognition as above, the water pipeline of this case is installed and used by the Defendant, the owner of the building 101, to connect the water supply system, and it is owned by the Defendant. Thus, the Defendant is liable to compensate the Plaintiff, the owner of the building 201, for damages caused by flooding, etc. caused by water leakage of the water pipeline of this case.

3. Scope of liability for damages

A. The plaintiff's assertion is that <1> 750,000 won for wholesale and decoration construction costs due to the leakage of the water pipe of this case, <2> 2.

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