(영문) 수원지방법원 2019.05.02 2018나72543

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.05.02 2018나72543

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The occurrence of liability

A. Facts of recognition 1) The Plaintiff is the owner of Sungnam-gu Seoul Special Metropolitan City C (hereinafter “the instant loan”) and the Defendant is the owner of the instant loan E. (2) around August 2017 to around November 11, 2017, in the instant loan E., and the instant loan owned by the Defendant, and the construction related thereto was carried out. In the process of using or managing the said house owned by the Defendant, the Plaintiff neglected his/her duty of management, etc., and thus, the Plaintiff’s water leakage, etc. (hereinafter “water leakage, etc.”) occurred in the inner bank and the ward of the instant house.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the entire pleadings [Evidence] Nos. 1 and 2

B. Since the Defendant neglected to manage his house in the process of maintaining the house owned by him or performing construction works, the instant leakage, etc. occurred, the Defendant is liable to compensate for the damages suffered by the Plaintiff as a tortfeasor.

In regard to this, the defendant argued to the effect that the owners of other houses of this case are liable for the water leakage of this case, other than the housing owned by the defendant, but even if the defendant's above assertion is recognized, each joint tortfeasor is liable for the full damages to the victim.

Therefore, it is judged that this affect the concept of compensation between the defendant, the joint tortfeasor, and the other house owners of the loan of this case, but it does not affect the scope of compensation for the plaintiff recognized as the victim.

Scope of liability for damages

A. The total amount of damages is recognized as 1,915,00 won (i.e., KRW 1,215,000) for the instant water leakage, etc., and (ii) the Plaintiff paid an amount equivalent to KRW 700,000 for the expenses for the removal and installation of attached houses, and (iii) the total amount of damages therefrom is KRW 1,915,000 (= KRW 1,215,000).

유사 판례

-수원지방법원안산지원 2016.12.27 2013가단38244

-인천지방법원 2018.11.15 2018나2660

-대구지방법원 2018.01.17 2017나308529

-서울중앙지방법원 2017.07.21 2017나12072

-수원지방법원 2018.05.10 2017나64620