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(영문) 서울중앙지방법원 2017.08.22 2016나62759
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a resident of Gangnam-gu Seoul Metropolitan Government C Apartment and 200 Dong 307 (hereinafter “307”) and the Defendant is the immediate upper floor of 407 (hereinafter “407”)

On January 2016, 2016, a co-owner and a co-owner of heating pipes referred to in 407 and his/her family members were flooded of the ceiling, wall, floor, etc. in 307, in which both the Plaintiff and their family members reside, and an accident, such as ice and funging in the floor floor (hereinafter “instant water accident”).

3) In order to perform repair works for water leakage accidents of this case at the Plaintiff’s request, the Defendant: (a) requested a facility business entity to perform construction works for water leakage accidents of this case; and (b) from February 2, 2016 to February 5, 2016, the Defendant refers to the instant repair works for replacing the Dog and floor at its own expense (hereinafter “instant repair works”).

(4) During the process of the instant repair work, the Plaintiff and the Plaintiff’s family members were unable to live under the said 307, taking into account the school distance for young children’s children, etc., the Plaintiff accommodation with their family members in the nearby accommodation establishment, and disbursed 336,600 won (=12,200 won for accommodation x 3) for their accommodation expenses.

In addition, after the completion of the above repair work on February 5, 2016, the Plaintiff: (a) requested the cleaning agency to conduct cleaning business on the same day; (b) cleaning 307, which is difficult to be added to dust, etc. due to water leakage accident and repair work; and (c) spent KRW 450,000

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

B. According to the facts found in the judgment of the lower court, the Plaintiff’s portion of the claim for accommodation expenses and cleaning expenses is due to the defect in the installation and preservation of 407, jointly owned and occupied by the Defendant, for the period from February 2, 2016 to February 5, 2016, for which the instant repair work is underway with his/her family members and lodging expenses, and for which the said accommodation expenses were paid, and for cleaning at a cleaning agency on February 5, 2016, and for which the said cleaning expenses were disbursed.

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