The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. In the first instance court, when the Defendant filed a claim for damages for tort against the Plaintiff, the Plaintiff sought compensation costs of KRW 11 million for active damages, and KRW 12 million for passive damages. The first instance court accepted the part of active damages among the Plaintiff’s claim for damages, and dismissed the part of passive damages.

The plaintiff and the defendant appealed all of the judgment of the court of first instance, but the plaintiff withdraws the appeal, so the scope of the judgment of this court is limited to the positive damages.

2. Basic facts

A. In around 2016, the Defendant, at the 4th and 5th floor of the building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”), installed a screen room in the fifth floor room (hereinafter “instant screen”).

The pipes of the sewage pipe of the three sides of the instant case pass through the four-story ceiling, and the two-dimensional lids are installed.

B. The Plaintiff leased the fourth floor of the instant building in the second half of 2018, and completed the construction of the interior, and operates the glas class room.

C. On April 9, 2019, water leakage occurred in the fourth floor of the instant building.

On April 20, 2019, the Defendant: (a) taken a water leakage detection company’s sewerage of the instant sub-sections in the inner diameter; (b) confirmed that the pipe lids have broken out; and (c) re-fluored the lids.

The Plaintiff, from August 10, 2019 to June 16, 2019, performed a construction work to repair the ceiling, floor, lives, etc. damaged by water leakage, and paid a total of KRW 10 million to the construction business entity on August 17, 2019 and KRW 6 million on August 20, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 8, 12, 13 evidence, Eul evidence 3 (including paper numbers; hereinafter the same shall apply), Gap evidence 1 through 7, 9, 14 through 17, Eul evidence 1's images and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion is operated by the Plaintiff due to the defect in the detailed sewerage system owned by the Defendant.