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(영문) 대구지방법원 2018.05.09 2017나10631
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The Plaintiff is the owner of the Daegu Northern-gu C apartment 211 (hereinafter “Plaintiff’s Housing”), and the Defendant is the owner and resident of the said C apartment 311 (hereinafter “Defendant’s Housing”).

[Ground of recognition] Facts without dispute, Gap evidence 5 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion that the water leakage of the Plaintiff’s Defendant’s housing was damaged due to the occurrence of water leakage in around 2010 and 2012, the Defendant is obligated to pay the Plaintiff KRW 1,600,000, KRW 700,000, KRW 700,000, KRW 400,000, KRW 400,000, KRW 400,000, and KRW 400,000, and KRW 400,000,000 for a toilet repair cost, around 2015, and around January 2016.

3. Determination

A. First, as to whether the number of water leakages of the drainage pipes around 2010 and around 2012, around 2013, and around 2016, which occurred in the Plaintiff’s housing, are due to the defect in the Defendant’s housing, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the same, and there is no other evidence to acknowledge it otherwise.

B. Next, around 2015, as to the water leakage in the main river and the small river basin, the Plaintiff was a person who, around that time, injured the Plaintiff’s main river and the wall surface.

Furthermore, even after the Defendant’s aforementioned mooring, the Plaintiff alleged that the defect in the Defendant’s house occurred again due to the occurrence of fung in a remote area. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge such fact, and there is no other evidence to prove it otherwise.

(c) Lastly.

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