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(영문) 서울중앙지방법원 2017.11.29 2016나81491
손해배상금
Text

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

Defendant C shall pay to the Plaintiff KRW 18,504,872 as well as to the Plaintiff on June 2014.

Reasons

1. In the first instance court, the Plaintiff sought the payment of damages of KRW 42,712,531 and KRW 5,000,000, in total, KRW 47,712,531 and KRW 47,712,531. The first instance court dismissed the claim for damages for property among them.

Accordingly, the Defendants appealed against the part of the claim for damages on property, and the Plaintiff appealed against the part of the claim for damages on property and reduced the purport of the claim after filing an incidental appeal. Therefore, the subject of the judgment by this court is limited to the claim for damages on property following the reduced claim.

2. Basic facts

A. On November 14, 201, the Plaintiff is the owner of G lent 302 in Jongno-gu Seoul Metropolitan Government (hereinafter “G lent 302”), and the registration of transfer of each share in the name of Defendant C on September 12, 2012 for the remainder of 1/2 shares was completed with respect to the 1/2 shares of G lent 402, the upper floor adjacent thereto.

B. On June 9, 2014, the drainage pipe of Gagra 402 Bridge 402 (a place accessible only through 402; hereinafter referred to as “the water leakage in this case”) was set aside in a rupture between the floor ruptures of high-water water and was accumulated toward the ceiling of 302 (hereinafter referred to as “instant water”).

C. Due to the water leakage in this case, electricity leakages in 302 and living rooms, inner remote areas, floors, etc. suffered flood damage.

Gjra 402 was cut for about two years prior to the water leakage of this case. However, from the date of the water leakage of this case to August 2014, the Defendants performed 402 work to remove scraped water by drilling drained water from 402, and performed a blishing construction work, and a blishing construction work, and there was no further occurrence of water leakage accident from 302.

E. Meanwhile, on January 14, 2013, the non-party Tacta Co., Ltd. registered the cancellation of the shares 1/2 in the above defendant’s name (hereinafter “Defendant B shares”) against Defendant B by the Seoul Central District Court 2013Gahap3052.

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