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(영문) 부산지방법원 2017.06.30 2016나46359
손해배상(기)
Text

1. All appeals by the Plaintiffs (Counterclaim Defendant) and the Plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From December 22, 2001 to December 22, 2001, Plaintiff A is the owner of Suwon-gu 301 (hereinafter “instant Plaintiff’s housing”). Plaintiff B’s spouse, Plaintiff C’s mother, who lives together with Plaintiff A in the instant Plaintiff’s housing. From January 4, 2002 to September 7, 2015, the Defendant owned Defendant 201 (hereinafter “Defendant’s housing”).

B. From around 2014, due to the heating and cooling pipes defects in the instant Plaintiff’s housing, water leakage (hereinafter “water leakage”) occurred in the ceiling, etc. of the instant Defendant’s housing.

C. Due to the leakage of the instant water, there were defects such as contamination of the instant Defendant’s house in the remote area of the river, and the expenses required or to be required in the future to repair the damaged remote areas, etc. are the sum of KRW 4,373,00 as indicated below.

Details (cost) The cost of distribution in the Jeju-do river due to the primary water leakage of 360,000 the cost of water supply in the Jeju-do river due to the second water leakage of 560,000 the cost of water supply and inspection for water supply in the Jeju-do river, 589,000 the cost of water supply and inspection for water supply and repair 589,000 the cost of water supply and removal in the 200,000 YY 317,000 the cost of water supply and removal in the 126,000 YY 126,000 the cost of water supply and removal in the 126,000 YY 65,000 the cost of water supply and removal in the 126,000 YY 696,000 the total cost of water supply and removal 4,300 / each appraisal number 1 through 51,011 (the same shall apply).

2. Determination on the main claim

A. The Plaintiffs asserted that the Defendant agreed to bear all the costs following the water leakage inspection on or around August 24, 2015, and to inspect the causes of water leakage in the instant case, the kitchen of the instant Plaintiff’s housing.

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