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(영문) 수원지방법원 2017.06.29 2017나1889
공사대금 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The plaintiff's assertion that the defendant resided in the lower apartment house in which the plaintiff had resided. The defendant asserted that the defendant water was generated by water leakage in the plaintiff's house, and the plaintiff filed a lawsuit against the plaintiff. The plaintiff proceeded with waterproof construction works in the toilet.

However, as a result of the confirmation, the leakage of the defendant house was not caused by the plaintiff's toilet leakage, but caused by the defect of the outer wall of apartment house.

Therefore, the Defendant shall pay to the Plaintiff a total of KRW 12 million, including the cost of waterproof construction, KRW 2.5 million, KRW 1.5 million, KRW 5 million, KRW 5 million, KRW 5 million due to the Plaintiff’s mental pain, KRW 500,000, KRW 500 due to absence from trial due to absence, KRW 3850,000, KRW 12 million,000, KRW 500,000, KRW 5,000, KRW 5,000, KRW 1.5 million due to absence from trial, from July 24, 2016 to January 2017 (i.e., KRW 70,00 per month x 5.5 months).

2. In full view of the purport of Gap's evidence Nos. 1 through 10 (including paper numbers; hereinafter the same shall apply) and Eul's evidence Nos. 1 and the whole arguments as to the cause of the claim, the plaintiff resided in the Da apartment (hereinafter referred to as "the plaintiff's apartment house") 10 and 1211 (hereinafter referred to as "the plaintiff's apartment house"), and the defendant resides in the 10-dong 1111 (hereinafter referred to as "the defendant's house") of the apartment house of this case, which is a lower-rise, after confirming that water leakage occurred at the defendant's house on April 6, 2015 and August 9, 2015, the defendant confirmed that water leakage occurred again on June 9, 2015 and August 1, 2015, the plaintiff found the plaintiff's apartment as to the cause of water leakage and measures to prevent water leakage whenever water leakage occurs, and the plaintiff requested the plaintiff's initial toilet 2015.

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