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(영문) 서울서부지방법원 2016.10.27 2016나961
부당이득금반환등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 3, 2010, the Defendant, around November 3, 201, installed one unit of house and 101 in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant house”), and received KRW 1 million as construction cost from the Plaintiff.

B. On June 25, 2013, the Plaintiff requested the Defendant to repair the pipes connected to the sewage pipes located on the road, as it was not well as the drained water of Eunpyeong-gu Seoul (hereinafter “instant housing”). On the part of the Defendant, around June 25, 2013, the Defendant cleaned the pipes connected to the sewage pipes located on the road, using a sewerage drilling machine, and received KRW 50,000 from the Plaintiff for cleaning costs.

C. Even after the Defendant’s repair, the water leakage from the bend floor of the instant housing is not well good, and the pipe passes through, the Plaintiff asked the second Defendant to conduct an inspection. On July 1, 2013, the Defendant replaced the part below the floor to be be bended from the kitchen to the bend, and received KRW 100,000 from the Plaintiff for replacement costs.

The plaintiff continued to repair the above repair, and the plaintiff's cause was attributable to the defendant, and the defendant stated that 50,000 won is required to replace the pipe in order to confirm that there is no water leakage in the pipe, and to make water leakages, i.e., "A., a bend floor with a bend pipe installed," which was replaced before the plaintiff's view.

E. On July 2013, the Plaintiff refused the Defendant’s proposal, and requested D to repair the said proposal to D, and instead replaced the beer pipe with D’s 430,000 won.

F. On February 2015, the Plaintiff rejected the repair on the ground that the repair period had elapsed, even though the collection of the house installed by the Defendant exceeded water without discharging water, the Plaintiff demanded the Defendant to repair it.

Grounds for recognition: Facts without dispute, A4-1, 2, 7, 10, witness D.

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