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(영문) 서울서부지방법원 2019.09.25 2018가합1872
손해배상(기)
Text

1. The Defendant’s KRW 1,313,00 as well as the Plaintiff’s annual rate of KRW 5% from September 7, 2018 to September 25, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Seodaemun-gu Seoul Metropolitan Government C Apartment Ddong E (hereinafter “instant E”), and the Defendant is the owner of the said C Apartment Ddong F (hereinafter “instant F”).

B. On September 7, 2018, water leakage occurred in the living room and large-scale rivers of this case (hereinafter “water leakage accident of this case”) and resulting in damage to the remote areas in the instant Echeon site.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3, and 10 evidence (including branch numbers in case of provisional number) and the purport of the whole pleadings

2. In full view of the evidence and evidence prior to the occurrence of liability for damages, the statements and images of Gap evidence Nos. 4 and 8, the water leakage accident in this case seems to have occurred due to defects, such as the failure to connect the air conditioners of this case, etc.

(1) The entry of the evidence No. 1 of this title shall not interfere with this fact-finding.

Therefore, the Defendant, the owner of the instant F, is liable to compensate the Plaintiff for the damages incurred by the water leakage accident in this case.

3. Scope of damages.

A. According to the statement No. 7-1 of the repair cost of this case, the construction cost of this case E is recognized to have been KRW 1,595,00 (including value-added tax) for repair of this case due to water leakage accident of this case, and among them, KRW 1,590,000 (including replacement of remote areas, etc.) for the repair cost of this case shall be recognized as repair cost of this case. However, the above C apartment Ddong, which was completed on May 4, 1993, appears to have contributed to a certain part of the water leakage accident of this case. The fact that some value has decreased due to the use period of the E-Sa remote area or ceiling at the time of the water leakage accident of this case and all other circumstances shown in the argument of this case, the ratio of fair liability of the defendant shall be limited to 70% under the principle of equity.

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