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(영문) 인천지방법원 2019.08.20 2018나54746
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The premise of dispute

A. The Plaintiff is an individual entrepreneur who wholesales and retails the trade name, beauty art supplies, etc., “E” in Bupyeong-si C and D (hereinafter “instant apartment building”) from the entire apartment building.

B. The defendant completed the registration of transfer of ownership on June 13, 198 with respect to Bupyeong-si C and F (hereinafter “the instant F F F F F H”) on June 14, 198.

C. The instant building is connected to a single pipe (e.g., excellent pipes, balcony drainage pipes, and kitchen drainage pipes, etc., from the rooftop floor to the lowest floor. On May 16, 2017, the instant building was flooded (hereinafter “instant accident”). Around May 16, 2017, a flooded incident occurred (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the result of the request for appraisal of defects against G of this court, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On May 16, 2017, the instant accident was caused by wastes, etc. or large quantities of drainage, etc., so far as the direction of the horizontal plane of the lower floor was obstructed, and as a result, the instant accident was caused by the flow of water into the floor through the floor draining pipes of the instant Fheading room owned by the Defendant, and the water was drained on the bed floor of the relevant bed, and the drained water was destroyed by dusting, tar, etc., and flow into the bottom through the lower part of the old concrete floor through the lower part of the instant subparagraph D heading room.

B. Although the Defendant was obligated to manage and take measures to prevent leakage or water flow by repairing the part of the bend floor of the instant Fheading room on the bending floor, the Defendant failed to perform such measures intentionally or by negligence, thereby causing damage equivalent to KRW 15,896,50 in value to the Plaintiff, due to inundation of the total amount of 41 beauty equipment, etc. in the instant heading room.

C. Therefore, the defendant is against the plaintiff.

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