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(영문) 의정부지방법원 2020.08.20 2019나5797
공사대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The Plaintiff owned each of the instant apartment, D, and the Defendant owned each of the instant apartment and E in Pakistan-si. On December 18, 2018, the boiler pipes of the boiler under the instant sub-paragraph (hereinafter “instant water”). On December 18, 2018, the Plaintiff suffered water leakage in the cell site of the said sub-paragraph (hereinafter “instant water leakage”).

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff suffered damages equivalent to KRW 3,369,700 in total amount of KRW 3,369,700, and delay damages due to the water leakage in this case, since the Plaintiff suffered damages equivalent to KRW 2,500 in repair cost, KRW 403,200 in family accommodation cost during the repair period, KRW 316,50 in family food cost during the repair period, KRW 150,00 in cleaning cost, and KRW 3,369,70 in compensation for damages, the Defendant is obligated to pay the Plaintiff the above KRW 3

B. The defendant's assertion that the damage alleged by the plaintiff is without proximate causal relation with the water leakage of this case, and thus, the plaintiff cannot respond to the plaintiff's claim.

3. Determination

A. According to the above fact of recognition of the damages liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the leakage of this case.

B. In full view of the overall purport of the statements and arguments by Gap evidence Nos. 2, 4, 7, and 8 (including serial numbers) within the scope of liability for damages, the plaintiff suffered damages from the total sum of KRW 2,500,000, and KRW 403,200,000, and family accommodation expenses during the repair period.

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from March 27, 2019, which is the day following the delivery date of a copy of the complaint of this case, to September 11, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the damages for the plaintiff were incurred, to the plaintiff. The defendant is obligated to pay damages for delay calculated from March 27, 2019, which is the day following the delivery date of a copy of the complaint of this case, to the day of full payment. The above part of the plaintiff's claims.

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