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(영문) 수원지방법원 2019.04.09 2018가단552758
손해배상(기)
Text

1. As to the Plaintiff A’s KRW 2,280,00, KRW 300,000 for each of the said money, and each of the said money, from November 21, 2018 to April 2019.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence of Nos. 1-1 to 4-5, evidence of No. 1 and 2, and the purport of the entire pleadings.

① Plaintiff A is the owner of the D Apartment E-dong (in the case of the foregoing apartment E-dong household, hereinafter referred to as “the above apartment E-dong household”) and Plaintiff B is the mother of Plaintiff A, who is a free resident of F (the Plaintiff A does not reside in the apartment of this case), and the Defendant is the owner of G.

② Since March 2017, damage from water leakage occurred due to the defect in G-ho, the owner of H-ho was immediately informed of the damage from water leakage to Plaintiff B, a resident of the upper floor F-ho, and requested the repair of the defect.

③ As a result, Plaintiff A selected a construction company and discovered water leakage (hereinafter “the detection of water leakage cause of this case”) from the inner floor of the toilets referred to in F, and near the entrance of the toilets, and confirmed that there was water leakage cause in G, which is the immediate upper floor, rather than F.

④ Around August 30, 2018, the Plaintiffs notified the Defendant of the fact that the water leakage damage occurred due to the defect in G-ho, and the Defendant entered into a construction work to repair the defect in G-ho, which caused the water leakage damage.

⑤ On November 8, 2018, Plaintiff A filed the instant lawsuit, and subsequently executed a restoration work to F.

2. The plaintiffs' assertion

A. The Plaintiff’s assertion No. H damage was caused by the defect in G, and at the request of the owner of H, the Plaintiff failed to use the Plaintiff’s title F for five months while performing the construction work to detect the cause of water leakage in this case. The Defendant is obligated to compensate the Plaintiff for damages of KRW 21,00,000,000, which is the sum of the costs of detecting the cause of water leakage in this case and the construction work to restore the original state (including the construction cost to be performed later) and the cost equivalent to the rent for five months in F-5 months.

B. Plaintiff B’s assertion is that Plaintiff B was residing in F.

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