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(영문) 인천지방법원 2016.11.16 2016나4488
누수로 인한 손해배상 청구
Text

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

Reasons

1. The gist of the Plaintiff’s assertion is the owner of a multi-household house located in Nam-gu Incheon Metropolitan City (hereinafter “instant loan”) 101, and the Defendant is the owner of the instant loan 301.

From June 25, 2015, water leakage occurred in the toilet wall and light room at the small side of the toilet No. 101.

Therefore, although the water of this case was cut down, it was confirmed that water was cut down from the outer wall of this case 301 to the ground of the first floor where water flows out.

When water is used in 301 of the toilet 301 due to the damage of the toilet pipeline or the power of preventing sewage hole, etc., the water flow into the floor by passing through toilets walls and pipes 201, an empty house, and flowing into the floor as a whole.

Due to such water leakages, the Plaintiff suffered damages of KRW 7,100,000, the lessee’s director fee of KRW 1,000,000, and the lessee’s rent of KRW 1,30,000 for five months.

Therefore, the defendant is liable to compensate the plaintiff for the above damages.

2. On the basis of the judgment, the evidence alone submitted by the Plaintiff is insufficient to recognize that water leakage under subparagraph 101 of the loan of this case occurred due to the defects in the installation or preservation of subparagraph 301 of the loan of this case, and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is unfair as it is concluded differently, it is revoked and the plaintiff's claim corresponding to the above revoked part is dismissed. It is so decided as per Disposition.

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