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(영문) 서울중앙지방법원 2021.02.18 2019나42879
손해배상(기)
Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Pakistan Da (hereinafter “instant Da”) E (hereinafter “E”), and the Defendant is the owner of the instant Ba F (hereinafter “F”).

B. The Plaintiff suffered damages from water milching in the ceiling of the E, located on the lower floor due to water leakages set forth in the subparagraphs of F around March 2016 and around June 2017, and received damages from the Defendant, respectively.

(c)

From November 2017 to February 1, 2017, the Defendant saw the volume of F F, but on January 27, 2018, the occurrence of an accident where the water supply management officer of Fho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho (hereinafter “the instant water”).

The Court appraiser G extended water to the entirety of Fho Lake due to the water leakage of the Fho-owned water supply pipes, and determined that the water leakage of this case occurred in Eho-cheon through floor slive concrete cracks.

E. The Plaintiff requested the Defendant to compensate for the damages suffered by the Plaintiff due to the leakage of the instant water, but the Defendant rejected this.

F. The repair cost of the damaged part of the E heading due to the leakage of this case takes 15,501,000 won.

[Grounds for Recognition: Facts without dispute; Gap evidence Nos. 1 through 7; Gap evidence No. 10; Eul evidence No. 1 through 4; Eul evidence No. 7; Eul's evidence (including numbers; hereinafter the same shall apply); the result of inquiry into facts about the Korean power corporation of the court of first instance; the result of the commission of appraisal to appraiser G; the purport of the whole pleadings of this court]

2. The parties' assertion

A. Since the water supply management unit of F F was removed and the water leakage of the instant case occurred due to the management defect of the Plaintiff Defendant, the Defendant is obliged to pay the Plaintiff the repair cost of KRW 15,501,000.

B. The defect in the section for common use, such as the deterioration of the Defendant Ba and the defect in the rooftop structure, and the recorded gap are the same.

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