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(영문) 창원지방법원진주지원 2017.06.01 2015가단34341
손해배상 등
Text

1. The Defendants jointly share KRW 9,086,191 with respect to the Plaintiff and KRW 5% per annum from September 22, 2016 to June 1, 2017.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff owned and resided in B apartment (hereinafter “instant apartment”) 102, 202, and 202 (hereinafter “instant apartment”). The Defendant B’s council of occupants’ representatives (hereinafter “Defendant B’s council”) is an autonomous management body composed of representatives elected in proportion to the number of households of each building in order to achieve the purpose of protecting the occupants and users of the instant apartment and maintaining the order of residential life.

3) From June 1, 2014, the Defendant’s council of occupants’ representatives entrusted the management of the instant apartment house (hereinafter “Defendant’s passenger house management”) with the duties of maintaining, repairing, preserving, operating auxiliary facilities and welfare facilities, irrigation and safety management (hereinafter “instant consignment management contract”). (b) At around 07:00-08:00 on May 9, 2015, the occurrence of the instant accident, small pipes of sewage pipelines emitted from sewage of at least the second floor of the instant apartment complex were installed for the inspection and cleaning of drain pipes. The sewage was laid down with cumulative garbage. Accordingly, sewage was discharged. Accordingly, the main and living rooms, etc. of the instant apartment site 202, which were located in the Plaintiff, were flooded, floor materials, remote areas, and appraisers of the instant apartment site 1 to 202, and there was no further dispute as to the purport of evidence evidence No. 1 to 17:5:00 on May 9, 2015, Gap’s evidence No. 1 to 2, evidence No.

2. Occurrence of liability for damages;

A. The management of Defendant passenger house management is entrusted by the council of occupants' representatives with the maintenance, repair, etc. of the common area of the apartment in this case and its incidental facilities, and is obligated to appropriately manage the sewage pipelines of the apartment in this case.

Nevertheless, this is neglected.

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