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1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. The basic facts of the claim (1) The plaintiff was a person residing in Suwon-si C Apartment Ddong (hereinafter "the apartment of this case"), and the defendant is the owner of the apartment of this case F.
The apartment of this case was newly built in 1981.
(2) On December 22, 2016, an accident occurred where household appliances, such as air conditioners, etc., living in the balcony in the instant apartment E, the Plaintiff resided in the morning, causing flooding.
(hereinafter referred to as the “instant accident.” The Plaintiff and the employees of the apartment management office confirmed the excellent quality of the foregoing subparagraph, and found that large amounts of rainwater was discharged without smooth drainage due to foreign substances where rainwater was prevented from being drained.
(3) On the other hand, on December 21, 2016, the day before the date of the instant accident, the interior repair work was conducted on the apartment F of this case on December 21, 2016.
(4) The above facts are not disputed between the parties, or can be acknowledged by the respective entries, images (including numbers, if any), and the entire purport of pleadings as set forth in Gap evidence 1 through 7, 10, 13, and Eul evidence 1, and there is no evidence that interfered with them.
2. (1) The plaintiff asserts that if the waste, etc. generated in the course of performing the interior repair work of the apartment house F in this case was caused by the accident in this case on the wind of getting out of the excellent pipes in the above F and preventing the excellent pipes in the apartment apartment E in this case, the defendant, the owner of the apartment house F in this case, is liable to pay to the plaintiff the total amount of KRW 3185,000,000 and the delay damages for this.
(2) Therefore, the following circumstances revealed by the aforementioned evidence and the purport of the entire pleadings, namely, ① the day before the date of the instant accident, as seen earlier.