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(영문) 인천지방법원 2016.07.12 2015나16392
손해배상
Text

1. Upon receiving a claim for change in exchange at the trial, the Defendant shall pay KRW 3,830,000 to the Plaintiff and the Plaintiff on June 2016.

Reasons

1. Basic facts

A. From around 2008, the Plaintiff had resided in the area of Socheon-gu Seoul Metropolitan Government (hereinafter “the instant dismissal”) 2th 402, and the Defendant has been living in the area of the head of the instant dismissal as the head of the instant organization from around that time.

B. From October 12, 2008 to July 11, 2014, the Plaintiff spent construction costs equivalent to KRW 3,830,000 in total, including waterproof, toilets, and the roof roof of the instant case, which had been residing in the Plaintiff from the date of the occupancy of the instant Order 402 and the fourth floor corridor of the instant Order 402. The Plaintiff spent construction costs equivalent to KRW 3,830,00 in total, including waterproof, toilets, and the roof of the instant Order 402.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiff alleged that the cause of water leakage occurred continuously from the defendant, and accordingly, the plaintiff performed waterproof construction works, etc., but if it is found that the cause of water leakage does not exist to the plaintiff, the defendant promised to pay construction expenses, etc. to the plaintiff and executed waterproof construction works, etc., and since it is proved that the cause of water leakage in the instant last resort was not the plaintiff, the defendant is obligated to pay 3,830,000 won to the plaintiff according to the contract for the payment of construction expenses.

In addition, the Plaintiff continued to claim that the Plaintiff had a cause for water leakage and forced the waterproof construction work, and promised to pay construction costs, etc. to the Plaintiff, and thus, the Plaintiff paid considerable construction costs. However, the Defendant suffered a big mental suffering depending on the fact that the construction cost was not paid.

Therefore, the defendant shall pay 5,000,000 won to the plaintiff for damages caused by the above tort.

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