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(영문) 부산지방법원동부지원 2016.09.28 2015가단8522
손해배상(기)
Text

1. The Defendant’s KRW 12,792,286 for the Plaintiff and 5% per annum from May 13, 2015 to September 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Suwon-gu, Busan and 104 Dong 301 (hereinafter “instant 301”), and the Defendant is the owner of the said real estate (hereinafter “instant 401”).

B. On January 24, 2015, water leakage occurred at the contact point of the water distribution apparatus of the Jeju Sea basin of this case (hereinafter “instant 401”), and water leakage was spreadd in the kitchen room, living room, etc. through the nature of the instant 301.

(hereinafter referred to as “instant water”). C.

Due to the water leakage of this case, the erosion rooms and kitchens of this case, and the ceiling and wall of the living room of this case were damp or polluted, damaged the floor board, etc., and the articles listed in the name column of the list of "goods damage" in the attached Form 301 suffered damage due to flooding.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, and 2, Gap evidence Nos. 3, Gap evidence Nos. 5-1, 2, Gap evidence Nos. 6-1, 2, 8, Gap evidence Nos. 14, Gap evidence Nos. 14, results of appraisal commission to appraiser D, the purport of the whole pleadings

2. On January 28, 2015, the Plaintiff’s assertion revealed that the distribution period of the instant 401 kitchen was cut, and that the flood occurred under the instant 301. The Defendant did not take measures, such as locking pipes, even though being aware of water leakage occurred during the distribution period on the 24th day of the same month prior to that, thereby expanding the damage.

As a result of the water leakage of this case, the main room and living room of this case were damaged. The defendant is obligated to pay the damaged part of construction cost, lodging and transportation cost, 301 value decline, and other mental damage of the plaintiff.

3. Determination A.

According to the above facts, the defendant, the owner of 401 of this case, has maintained and maintained the building by repairing the singing, hot water distribution equipment, etc. belonging to the section for exclusive use, but is owned by the plaintiff as a leakage number due to the defects in the preservation and management of the building.

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