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(영문) 부산지방법원 2018.08.29 2017나45339
손해배상(기)
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning for the court’s explanation on this part of the facts of recognition is that Article 420 of the Civil Procedure Act is the same in the reasoning of the judgment of the court of first instance, except for the case where “the result of a request for arbitrative appraisal of appraiser F of this court’s appraiser F of appraiser F of this court” is changed to “part of the result of a request for appraisal by the court of first instance for appraiser F of the court of first instance, and part of the result of a request for appraisal by the court of first instance for appraiser H of the court of first instance.”

A. According to the above recognition of the liability for damages, the fact that water leakage accidents in this case occurred due to defects in the construction and preservation of a septic tank in the defendant's building can be acknowledged, and the fact that the defendant independently occupies the building does not conflict between the parties. Thus, the defendant, who is a co-owner of the defendant's building and the sole possessor, is liable to compensate the damages suffered by the plaintiff due to defects in the construction and preservation

1) The Plaintiff asserted that the Defendant should compensate the Plaintiff for the repair cost to fundamentally remove the cause of the water leakage accident in the instant building. However, this part of the Plaintiff’s assertion is without merit, and the Plaintiff’s repair cost of the instant building does not constitute damages caused by the water leakage accident. The Plaintiff’s repair cost of the instant building is without merit. In full view of the fact-finding and the entire purport of oral argument as to F of the first floor of the instant building, the repair cost of the instant building due to water leakage accident is ① KRW 9,582,358, ② the repair cost of the instant building due to water leakage accident (each floor and wall at the same minimum size), and ② the boundary of the instant building and the repair cost of the instant building at the end of the building and the fact-finding 1,352,490, which is recognized as the repair cost of the instant building due to the tort.

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