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(영문) 서울동부지방법원 2015.04.07 2014가단11339
손해배상(기)
Text

1. The Defendants: (a) KRW 1,464,50, respectively, to Plaintiff A and KRW 5% per annum from August 7, 2013 to April 7, 2015; and (b).

Reasons

1. Basic facts

A. Plaintiff A is the owner of the 5th floor neighborhood living facilities and housing (the 6th floor and the 5th floor; hereinafter “instant building”) of the 5th floor of reinforced concrete and brick sloping roof in Gwangjin-gu, Seoul, and Plaintiff B leased the underground from Plaintiff A and operated the Do and retail business at the same place. The Defendants owned 1/2 of the ownership of Seoul Special Metropolitan City Gwangjin-gu and G ground reinforced concrete and brick 4 floor neighborhood living facilities and housing (hereinafter “Defendant’s building”) adjacent to the instant building.

B. However, there was a phenomenon that the sewerage management officer installed in the site of the Defendants’ building located near the boundary of the instant building and the Defendants’ ownership near the instant building cut approximately 20cm, and the sewage, which was collected at the last place of sewage, did not flow into the central sewage pipe through the sewage pipe, and the area of the instant building owned by the Plaintiff A, which was low, became sewage and water leakage.

C. Accordingly, Plaintiff A requested, under the trade name of “H, I to perform the work of repairing sewage and pipes, etc., for the installation of additional collection (7.60,000 won) by the stairs of the instant building on April 8, 2013, the installation of a large aggregate collection holder replacement and floor cleaning (5.40,000 won) on April 18, 2013, the cleaning of the floor of the aggregate revision (290,000 won) on July 7, 2013, the reinstallation of sewage pipes (320,000 won), the sewerage pipes repair work (1,019,000 won) completed on August 6, 2013, and I received KRW A2,290,000 from Plaintiff A upon the Plaintiff’s request.

[Grounds for Recognition: Each entry of Gap evidence 1 and 3, Gap evidence 2-3, 4, 5, 6, 8, 9, 13, and 4-6, 7, 8, 11, and 12, witness I's testimony, and the purport of whole pleadings]

2. Determination as to Plaintiff A’s claim

A. (1) According to the determination as to the cause of the claim, the error of the sewerage pipe possessed by the Defendants occurred in the instant building.

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