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(영문) 창원지방법원 2019.05.16 2018가단11025
손해배상 등
Text

1. The Defendant’s KRW 1,960,00 for the Plaintiff and 5% per annum from August 16, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the owner of the D Apartment E (hereinafter “instant E”) in Kimhae-si, and the Defendant is the owner of the same apartment F (hereinafter “F”).

B. (1) Around June 5, 2018, water leakage occurred due to water leakage, etc., the Plaintiff demanded the repair business entity to estimate water leakage causes and repair works on July 25, 2018, following consultation with the Defendant.

The repair company submitted a written estimate of KRW 2.5 million at the repair cost of the instant subparagraph E, where the cause of water leakage was caused by the floor waterproof defect of the instant bathing room and the hot water pipe defect.

3) The Plaintiff paid 300,000 won to the repair company for the cost of detecting the cause of water leakage. C. Defendant’s repair work 1) After being served with the duplicate of the instant complaint, the Defendant performed the repair work regarding the instant subparagraph F.

2) After the Defendant performed the repair work as above, water leakage has not occurred up to now. [The purport of each entry of evidence A Nos. 1 through 7 and all pleadings based on recognition are as follows.]

2. Determination

A. According to the facts above, it is reasonable to view that damage to water leakage in subparagraph E was incurred due to the defect in the management and preservation of the floor of the instant F toilet owned by the Defendant.

Therefore, pursuant to Article 758(1) of the Civil Act, the Defendant, as the owner of the instant subparagraph F, is liable to compensate for the damages incurred to the instant subparagraph E due to the defects in the management and preservation of the floor of the instant F toilet.

B. In light of the following circumstances that can be recognized by the evidence adopted prior to the limitation of liability for damages, namely, the apartment of this case had a considerable time since its new construction, and the Defendant’s repair of the instant subparagraph F and preventing additional damage therefrom, taking into account all the circumstances revealed during the pleadings of this case.

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