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(영문) 서울중앙지방법원 2017.03.22 2016나45372
손해배상(기) 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay KRW 2,810,000 to the plaintiff and shall pay it on May 9, 2014.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 1, Gap evidence 4, Gap evidence 2-1 through 6, Gap evidence 8, Gap evidence 4, Eul evidence 8, Eul's testimony, Eul's testimony, appraiser F's appraisal result, and the whole purport of the arguments. contrary to this, Eul evidence 3 and Eul evidence 7 are not contrary to the belief.

The Seocho-gu Seoul Seocho-gu Seoul (hereinafter referred to as the “instant loan”) was constructed around September 1996. The Plaintiff is the owner of the first floor No. 103 (hereinafter referred to as the “103”) of the instant loan, and the Defendant is the owner of the third floor No. 303 (hereinafter referred to as the “303”) of the instant loan loan.

B. On February 25, 2013, the Plaintiff discovered water from a multi-use room and a kitchen room of 103-2, and immediately notified the owner under subparagraph 203 of the loan of this case, who is the upper floor, to complete a waterproof construction work from February 25, 2013 to February 27, 2013.

C. Even after completion of waterproofing construction works by 203, the Plaintiff discovered water from multi-use rooms, main embankments, etc. (hereinafter “the water leakage of this case”) and notified the constructor who performed water leakage prevention works by 203 (hereinafter “water leakage prevention works”).

The above construction business operator expressed his opinion that there is no defect in the water leakage prevention work referred to in 203 and that water leakage occurs from 303, and that the plaintiff requested the defendant to take measures for water leakage prevention on March 3, 2013.

On March 6, 2013, the Defendant performed a waterproof construction work on part of the bottom of the boiler room No. 303, and as a result, water leakage occurred under 103 as the sewage hole was not drained out from the laundry machine during the construction process, the Defendant started not to use water in the multi-use room while using the laundry pipe connected to the main drainage pipe of the instant laundry pipe, and there was no water leakage under 103 thereafter.

E. The Plaintiff and the Defendant, around 09:00 on July 14, 2013, shall be the boiler room of 303 for the nuperity experiment.

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