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(영문) 서울북부지방법원 2019.10.10 2019가합21884
손해배상(기)
Text

1. The Defendant’s KRW 2,11,200 as well as 5% per annum from April 6, 2019 to October 10, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On October 26, 2011, the Plaintiff is limited to multi-household houses with the five-story Seoul Jung-gu Seoul Central District Non-Party D (hereinafter “D”) among multi-household houses with the five floors above the Seoul Jung-gu Seoul Central District.

(E) The owner of the foregoing house who acquired the foregoing house, and the Defendant is the previous owner of the foregoing house, on June 13, 2008, E (the exclusive ownership area of 36.66 square meters, hereinafter “E”).

(2) On December 2018, 2018, the Plaintiff demanded the verification of the water leakage location under subparagraph (e) and the subsequent measures to the “F Real Estate” that had been delegated by the Defendant, as the Plaintiff fell from the upper part of the living room (the upper part of the bank door) of the Plaintiff around December 2018 and caused the contamination of the remote area.

3) Accordingly, the aforementioned F-real estate sought to verify water leakage by entrusting a water leakage detection business entity, but failed to discover water leakage location. Ultimately, the Plaintiff, the victim, directly introduced another water leakage detection business entity, thereby introducing water leakage from the floor below the floor below the water leakage (hereinafter “water leakage of this case”).

4) Around January 11, 2019, the defendant found that the water leakage construction was made on the floor below the floor below the E-ho toilet transformation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 21, 30 (including paper numbers) and the purport of the whole pleadings

B. According to the above facts of recognition, since damage was incurred to the Plaintiff’s No. D due to the leakage of the instant case, the Defendant is liable to compensate the Plaintiff for the damage suffered by the Plaintiff due to the leakage of the instant water.

2. Scope of damages.

A. 1) Recognizing the cost of restoring damage 1: 2,750,000 won: 550,000 won for myco removal and the cost of replacing the design of the ward 2,750,000 won: 1,850,000 won for the alteration of the design of the Doz: 350,000 won / [based on recognition] 350,000 won for each statement of evidence Nos. 8 and 26 (including the branch number), the purport of the argument of the defendant, and the decision of the defendant as to myco removal, the defendant's expenses for removing myco removal, and the defendant's expenses for a long period after the completion of hisco.

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