1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant operated a restaurant that sells snow ridges, etc. with the trade name in Seoul D, and the Plaintiff A and the Plaintiff B, who is one of them, resided in the G-Ban basement owned by the F (hereinafter “instant housing”).

B. From April 30, 201, a large number of rains were made from the night on the following day.

5. 1. The entrance of the housing entrance was flooded after the sewage purification of the instant house was exceeded, and the toilets were flowed down, and the toilets were flooded, and the toilets were flooded up to the living room and the room through toilets.

(hereinafter “the flood of this case”)

The instant housing is facing the Defendant’s restaurant, and the above road or underground space is laid underground by a public sewage manager. At the time of the flood accident, as a result of inserting a unmanned robot into the said sewage pipe in Gangseo-gu Office at the time of the flood accident, the Defendant restaurant’s sewage pipe and the public sewage officer’s sewage pipe were in considerable quantity of animal oil in the vicinity of the city, thereby hindering sewage flow.

The instant housing occurred due to the flood of this case, such as malodor, damp, fungi, etc., but the Plaintiffs continued to reside in the instant housing without being able to receive the lease deposit. As such, the Plaintiffs moved to another housing in the instant housing on July 6, 2012.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Gap evidence 6, and video (including each number, if any)

2. Determination

A. According to the above facts, the flood of this case shows that the animal oil discharged from the defendant's restaurant as sewage is in response to the sewage pipe, and the sewage of this case seems to have been flowed so as to prevent sewage flow. Since the plaintiffs living in the housing of this case and suffered mental suffering due to malodor, damp, mycoi, etc. due to flood of this case, the defendant is obligated to pay consolation money for mental damage suffered by the plaintiffs.