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(영문) 인천지방법원 2021.02.05 2020가단14580
일부채무부존재확인
Text

The obligation of the Plaintiff (Counterclaim Defendant) to repair the building stated in Section 2 of the attached Table No. 2 to the Defendant (Counterclaim Plaintiff) of the Plaintiff (Counterclaim Plaintiff) on the following February.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Plaintiff is the owner or possessor of the building listed in attached Table 1 (hereinafter “Plaintiff’s building”), and the Defendant is the owner or possessor of the building listed in attached Table 2 (hereinafter “Defendant’s building”) under the lower term of the Plaintiff’s building.

B. On May 23, 2020, the Defendant notified the Plaintiff of the foregoing water leakage (hereinafter “instant water leakage”) to the effect that water flows and falls into the floor due to the sprink crepan crepans of the Defendant’s building.

The Plaintiff, through water leakage experts, confirmed the occurrence of water leakage in this case and completed repair of the heating pipe installed in front of the Plaintiff’s building singke.

(c)

The Defendant building suffered damage from the instant water leakages, such as the parts of the ceiling of the entire house, the parts of the wall connected to the ceiling.

[Ground of recognition] A without dispute, Gap evidence Nos. 6, Gap evidence No. 7, Gap evidence No. 2, Eul evidence No. 2, Eul evidence No. 2, the result of the appraisal commission to Eul Co., Ltd., and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the facts acknowledged prior to the occurrence of liability for damages, the instant water leakage occurred due to the defect in the pipe of the Plaintiff’s building, and the said defect constitutes a defect in the installation or preservation of the structure (see Supreme Court Decision 2017Da227103, Aug. 29, 2017, etc.). The Plaintiff is liable to compensate the Defendant for damages caused by the water leakage of this case to the owner and possessor of the Plaintiff’s building pursuant to Article 758(1) of the Civil Act.

B. In full view of the purport of the argument as a result of the appraisal commission to C Co., Ltd. of this Court, the scope of liability for damages is as follows: ① the repair cost of the Defendant building caused by the leakage of water in this case; ② the cost of installing walls 1,904,476 won, ② the cost of installing walls 1,904,476 won, ③ household construction, wooden construction, kitchen construction, and other construction cost; ④ the electricity, fire-fighting, and fire-fighting.

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