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(영문) 대전지방법원 2020.08.13 2020가단100328
손해배상(기)
Text

The defendant shall pay 19,872,388 won to the plaintiff and 5% per annum from January 29, 2020 to August 13, 2020, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is the owner of D apartment E on the ground outside Daejeon-gu, Daejeon-gu, and one parcel (hereinafter “Plaintiff apartment”), and the Defendant is the owner of the same apartment F (hereinafter “Defendant apartment”).

B. From August 2019 to October 9, 2019, water leakage occurred in the Plaintiff’s apartment, including the Plaintiff’s toilet and benda, etc.

(hereinafter referred to as “the number of cases”). C.

As a result of the survey conducted in the above D apartment management office and repair company, it was found that the water leakage occurred in the plaintiff's apartment because the defendant's apartment bee and the water-proof floor in the public bath room were damaged to old age.

On October 9, 2019, the defendant performed the construction of replacing the defendant apartment beer and the public bath room, and thereafter, the plaintiff's apartment building did not generate any further water.

Because of the water leakage, the plaintiffs' apartment living room, main room, bed room, bathing room, bedas, wall wall and floor finishing materials, etc. were damaged.

The Plaintiff requested the construction company of G to perform the repair work of the Plaintiff’s apartment. From November 1, 2019, the Plaintiff performed the repair work for about two months.

Plaintiff

Family members leased and resided another house for two months in which the said repair work was carried out.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7 and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above fact of recognition of damages liability, the defendant is liable to compensate the plaintiff's damages caused by leakage as the owner of the apartment house.

3. Scope of liability for damages

A. According to the facts found in the evidence Nos. 1 and 2 above, the Plaintiff’s physical damage caused by leakage of water in this case may be recognized as KRW 18,372,388 (i.e., KRW 13,92,388, KRW 2,700,680,000). (A) Costs of restoring the building, temporary installation of the cost of repairing the building, repair of the building, repair of the water, and repair of the water.

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