1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion (citing the Plaintiff’s claim) is the owner of the building C on the ground of the Dong-gu, Dong-gu, Chungcheongnam-gu, Incheon. As the Defendant illegally installed cable wires on the Plaintiff’s rooftop, it occurred in December 2013 due to its weight on rooftop slots and railing, and damage was incurred to the Plaintiff’s lease business due to water leakage on the second floor.

The Plaintiff agreed to receive KRW 8 million each from D and E (F) as compensation for damages, and the above two companies compensated the Plaintiff for damages.

The defendant is obligated to pay to the plaintiff eight million won as compensation for damage and delay damages.

The defendant asserts that there is no ground to acknowledge that no damage has occurred on the rooftop due to the defendant's communication cable, and even if the defendant is liable for damages, the extinctive prescription has expired three years since the date of the occurrence of the accident (not later than December 2013), and the defendant merely rejected the plaintiff's claim for damages and did not have agreed on the plaintiff's compensation.

2. First of all, the determination is insufficient to acknowledge the Plaintiff’s assertion solely on the following images: (a) as to whether cracks have occurred on the rooftop slot and railing of the Plaintiff’s building from December 2013 due to the weight of the telecommunications cable installed by the Defendant; (b) as to whether there were defects due to water leakage, etc. in the second floor part of the Plaintiff’s building; and (c) as to whether there was a lack of evidence to acknowledge the Plaintiff’s assertion on the following parts: (a) Nos. 1, 3, 4, 5, 9, 10; (d) Nos. 11-1 through 4; and (e) Nos. 2

(In light of Gap evidence No. 8-2, following the plaintiff's request for the adjustment of the communications line to the defendant around March 9, 2015, it can only be recognized that the defendant completed the removal of seal cables and all cables on the PC room on March 22, 2015. Next, whether the defendant agreed to pay eight million won to the plaintiff as compensation for damages.