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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Facts of recognition;
A. The Defendant is the owner of the Dongjak-gu Seoul Metropolitan Government Building 502 (hereinafter “502”), and the Plaintiff is the resident of the said apartment (hereinafter “402”) immediately below the above apartment.
B. On February 2015, the Plaintiff: (a) around 402, he/she resided in his/her / her 402, 2, 3, as indicated in the ground plan of the attached Table No. 402, and 3 (the sum of the above rooms collectively referred to as “diversary room”; and (b) as a result of water leakage on the wall, the Defendant’s mother who was residing in 502 at that time notified this fact to D, requested the detection and removal of the water source and compensation for damage therefrom.
D As a result of verification through B by boiler B, it became known that water existing in the boiler (water tank) created a hole in the distribution machine of the boiler installed in 502 came out of it, and D requested E on March 13, 2015 to replace the boiler.
C. After replacing the boiler of 502 as above, additional leakage damage in heading 402 did not occur.
The plaintiff spent KRW 1,610,000 while carrying out the Doring Construction of the Doring Room in order to recover water leakage and myi damage from 402.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence No. 1-1, the purport of whole pleadings
2. Occurrence of liability for damages and limitation on liability;
A. According to the above facts of recognition of the liability for damages, since the defect of boiler installed in 502 caused damage to water leakage and mycoi generated by the Plaintiff’s residing 402, the Defendant, as the owner of No. 502, is liable to compensate the Plaintiff for the property damage caused by the defect in the installation and preservation of No. 502 pursuant to Article 758 of the Civil Act.
However, there is no evidence to acknowledge the causal relationship between the water leakage damage in this case and the Plaintiff’s son’s disease. Thus, it is difficult to recognize the Defendant’s liability related to this part.
In addition, general.