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(영문) 대구지방법원 2017.09.20 2017나303876
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 8-dong 703 (hereinafter “Plaintiff apartment”) in Daegu Suwon-gu D apartment, and the Defendants co-ownership 803 (hereinafter “Defendant apartment”) on the upper floor of the Plaintiff apartment. The Defendants co-ownership 1/2 shares of each apartment.

B. From January 2015, the Defendants commenced remodeling construction of the apartment of the Defendants from around January 201, and completed the said construction work around that time.

[Ground of recognition] Unsatisfy, Gap evidence 6, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. From 06:00 on February 1, 2015, due to water leakage in the water supply pipes of the Defendants, water leakage occurred in the main bank, living room, and the ceiling of toilets in the Plaintiff’s apartment complex (hereinafter “water leakage”). Accordingly, the Plaintiff suffered damage from damage to the ceiling, wall, floor, etc. of the Plaintiff’s apartment complex.

B. Therefore, the Defendants are obligated to compensate the Plaintiff for the total amount of KRW 10,621,50 (i.e., KRW 1450,000,000,000,000,000,000,0000,000 won for replacement of the toilet receipt room for KRW 1,50,000,000,000,000,000,000,000 won for electrical safety inspection expenses for KRW 1.621,50,00,000,000,000,000 won for KRW 1.6,50,000,000,000,000,000 won for each share of the Defendants.

3. Determination as to the cause of action

A. In addition to the basic facts as seen earlier prior to the occurrence of liability for damages and the purport of Gap evidence Nos. 5, 7, and 8 (including each number; hereinafter the same shall apply), the fact that water leakage in this case occurred due to water supply pipes occurring during the remodeling construction of the apartment of the defendants. This appears to have been negligent in taking sufficient measures to prevent water leakage on the following floor when the defendants performed remodeling construction works, and such violation of the Defendants’ duty of care is against the plaintiff.

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