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(영문) 광주지방법원 2017.10.19 2016가단512069
손해배상(기)
Text

1. As to the Plaintiff KRW 18,401,00 and KRW 17,701,00 among them, the Defendant shall pay to the Plaintiff KRW 18,40,000 from June 3, 2016, and KRW 700,00.

Reasons

1. Facts of recognition;

A. On October 9, 2003, the Plaintiff purchased 101 Dong-dong 1506 from Korea General Construction Co., Ltd and Korea Construction Co., Ltd., and received the registration of transfer of ownership on October 11, 2005. The Plaintiff had resided in the above apartment Nos. 1506 from September 23, 2005, the Defendant had resided in the above apartment No. 101 Dong 1606, respectively.

B. On September 27, 2015, the Defendant: (a) opened and opened a bendy water supply under the above 1606, and went out to the outside; (b) incurred damages of KRW 17,701,00 in total as packing directors and storage fees during the construction period; (c) incurred damages of KRW 700,00 in the temporary dwelling expenses of KRW 70,000 during the construction period.

C. On March 9, 2017, C transferred to the Plaintiff the right to claim compensation for damages related to 1506 water leakage, and notified the Defendant of the right around that time.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3-5, Eul 1, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts as to a claim for property damage, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from December 12, 2016, with respect to KRW 17,701,000 (i.e., KRW 17,701,000) and KRW 17,701,000 from June 3, 2016, and KRW 700,000 from June 12, 2016, following the delivery date of the written complaint, to the Plaintiff.

B. With respect to the claim for consolation money, the Plaintiff shall pay 2,00,000 won for consolation money for mental distress suffered due to the legal dispute over the old age, which is caused by the following: (a) the house has become a water sea, has been deprived of a life-saving holiday; (b) has failed to repair it thereafter; and (c) has received from the Defendant.

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