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(영문) 인천지방법원부천지원 2017.08.18 2016가단114837
손해배상(기)
Text

1. The Defendant’s KRW 13,201,839 for the Plaintiff and 5% per annum from August 2, 2016 to August 18, 2017.

Reasons

1. The plaintiff's assertion that the plaintiff is the owner of the above apartment owned by the plaintiff, and since the damage was caused to the apartment owned by the plaintiff due to the water leakage of the apartment owned by the defendant, the plaintiff is obligated to compensate the plaintiff as the owner of the structure for the damage. The scope of damages is the construction cost of the apartment owned by the plaintiff, the repair cost of the apartment owned by the plaintiff, the price of the article damaged by the inundation, the compensation amount of the damages amount of KRW 5,00,000, the compensation amount of KRW 10,00

2. Basic facts

A. The plaintiff is the owner of Kimpo-si C Apartment 209 Dong 1203 (hereinafter "the plaintiff apartment of this case"), and the defendant is the owner of 1303 of the plaintiff apartment of this case (hereinafter "the defendant apartment of this case").

B. On August 2, 2016, by opening water supply of the Defendant Apartment, water leakage occurred in the instant Plaintiff Apartment (hereinafter “instant water leakage”).

[Ground of Recognition] The facts without dispute, Gap evidence 1 and 6 (including each number), Gap evidence 4, 7, and 16 (including each number), each video and the purport of the whole pleadings

3. Determination on the cause of the claim

A. According to the facts above, the defendant, the owner of the defendant apartment in this case, is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the leakage of water in this case pursuant to Article 758 (1) of the Civil Code.

B. 1) According to the appraisal results of appraiser D’s appraisal of the facts of recognition, the results of the fact inquiry about appraiser D by this court, the Plaintiff apartment of this case caused defects, such as the pollution of the ceiling, and the damaged ceiling, etc., and the following construction works are required to repair them. The total construction cost is recognized as the amount of KRW 11,801,839 as stated in the [Attachment] total construction cost statement, and the period required for the construction work is from 7 to 10 days. The amount of money for use (the cost of direct labor cost) within the limit of 7 to 10 days.

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