(영문) 서울중앙지방법원 2019.03.20 2018나13720

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(영문) 서울중앙지방법원 2019.03.20 2018나13720

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the first floor D (hereinafter “Plaintiff’s housing”) among multi-household houses with the second floor in Gwanak-gu in Seoul Special Metropolitan City, and the Defendant purchased the first floor D (hereinafter “Defendant’s housing”) from the co-defendant E of the first instance trial on September 10, 2015, and completed the registration of ownership transfer in its name on October 15, 2015.

B. From Aug. 2015 to Feb. 2016, 2016, water leakage in the Defendant’s house led to the Plaintiff’s house to flow out, which resulted in a malodor generated in the inner bank, small banks, toilets, etc., including the living room of the Plaintiff’s house, and the Plaintiff suffered damage, such as mycoa.

C. On February 2016, the Defendant repaired the Defendant’s toilets, toilets, floors, etc., and thereafter, the Plaintiff is not likely to suffer from water leakage until now.

Meanwhile, the amount of damages suffered by the Plaintiff due to leakage in the Defendant’s house is equivalent to KRW 6,432,573 in total to KRW 5,900,00 in the value of the damaged goods, and KRW 12,332,573 in total. On September 29, 2017, the Plaintiff received KRW 3.5 million from the co-defendant E of the first instance trial in accordance with the decision of recommending reconciliation in the first instance trial.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 3 (including additional numbers), Eul evidence 1 to 22, Eul evidence 1 to 22, the result of appraisal such as testimony of witness F of the first instance court, repair cost of appraiser G, the result of appraisal which is the arbitr of appraiser H, the purport of the whole pleadings

2. The plaintiff alleged by the parties shall seek against the defendant the payment of 8,832,570 won (12,332,573 won - 3,500,000 won - 3,500,000 won) excluding 3,50,000 won from the co-defendant E of the first instance trial among the property damages of 12,332,573 won incurred by the water leakage of this case and damages for delay thereof.

As to this, the defendant did not have any defect in the installation and preservation of the defendant's house.

유사 판례

-서울중앙지방법원 2018.02.08 2016가단28543

-의정부지방법원 2019.09.10 2018나214679

-수원지방법원성남지원 2020.05.15 2019가합988

-서울중앙지방법원 2015.10.08 2014나57463

-서울북부지방법원 2020.07.10 2019가단111186