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(영문) 부산지방법원 2017.09.22 2016나8579
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim added and expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 103 of the “D Borrowing” in Busan Northern-gu, (hereinafter “Down-gu,”) and the Defendant is the owner of 201 of the loan in this case.

B. From the beginning of February 2015, water leakage (hereinafter “water leakage in this case”) occurred from February 1, 2015, and accordingly, ice, color, and mathing on the ceiling and floor were generated.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 5 (including paper numbers), photographs and the purport of the whole pleadings

2. Determination as to the cause of action

A. The allegation of this case is based on the boiler 201 damage to the boiler pipes of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the remuneration cost of KRW 6,660,361 (=the remuneration cost of KRW 3,384,741 as cited in the first instance trial), ② the Plaintiff’s consolation money and operating loss amount of KRW 1,00,00, ③ the judgment claim and the litigation cost of KRW 10,250,267 (hereinafter “related litigation”) to be paid by the Plaintiff pursuant to the Plaintiff’s compensation lawsuit with the owner of KRW 10,250,267 (=the principal amount of the judgment amount of KRW 5,858,867), KRW 4,391,40), and delay damages therefrom.

B. In full view of the evidence incurred prior to the occurrence of liability for damages and the calculation of the amount of damages, the result of the appraiser E’s appraisal of the first instance trial, and the purport of the entire pleadings, the instant water leakage was found to have been caused by the boiler water supply pipe heat of 201. Furthermore, according to the results of the examination on the repair cost of the instant water leakage, the aforementioned appraisal result, and the fact inquiry about the appraiser’s above appraiser’s each fact inquiry, it can be acknowledged that the instant water leakage incurred damages as indicated below, and that the instant water leakage incurred total of KRW 3,384,741 from the repair cost of the instant water leakage. The instant water leakage amount of remuneration for the instant water leakage (the toilet of the first toilet of the first instance) is deemed to have been incurred.

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