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1. The Defendant’s KRW 2,249,320 as well as the Plaintiff’s annual rate of KRW 5% from July 28, 2017 to June 7, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an owner and a resident of the old-si C Apartment 602 Dong 202 (hereinafter “instant 202”).
B. The Defendant is the owner of the above C Apartment 602 Dong 303 (hereinafter “instant 303”), and the tenant is residing in the instant 303.
C. On June 2016, water flows out of the water pipe from the main bank below the main bank of this case (hereinafter “instant water leakage”) around 202, the water flows out with the ceiling and the wall top of the inside bank of this case (hereinafter “instant water”).
Due to the above water leakages, Fung Aung-si households installed in the wall with the Defendant and the wall were damaged.
From July 22, 2016 to the same month on July 25, 2016, the Defendant repaired water pipes from the main bank, and the Defendant did not generate any further water.
E. The Plaintiff was unable to use an embankment due to myi and malodor until he was able to repair the embankment of this case 202.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 10, 11, Eul evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 5 video and the purport of the whole pleadings
2. Determination
A. In full view of the following circumstances acknowledged by the entirety purport of each statement and pleading evidence Nos. 3, 10, and 11 arising from the occurrence of liability for damages, namely, ① the Defendant’s repair of the water pipe from the main bank set forth in the instant 303, the water leakage of the instant 202 has not occurred, ② the instant 202 and the instant 303 are adjacent to the main bank. The inside bank 202 are adjacent to the inner bank 303, ③ the water leakage of the instant 202, including the fact that the water leakage occurred continuously moving to the horizontal and vertical direction, and the structure of the instant apartment, the water leakage occurred due to the defects of the water pipe set forth in the main bank set forth in the instant 303.