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(영문) 광주지방법원 2019.05.29 2018나62255
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the occupant of Gwangjin-si B apartment (hereinafter “instant apartment”) C-dong (hereinafter “Plaintiff apartment”) and the Defendant is an organization composed of representatives elected by the occupants in order to manage the instant apartment.

B. The instant apartment Cdong consists of five floors, and the Plaintiff filed a civil petition on December 11, 2017, which caused water leakage in the vicinity of the Plaintiff’s apartment site, etc.

C. From December 21, 2017 to December 22, 2017, the Defendant completed the construction of a water reservoir for the Plaintiff’s apartment site in the direction of the rooftop in the water tank of the Plaintiff’s apartment site, and confirmed whether to additionally enjoy it, and completed the construction of a water tank for the Plaintiff’s apartment site, a water tank, a distribution, and a electric light around December 29, 2017.

[Ground of recognition] A without dispute, each film of evidence Nos. 1 through 4, entry of evidence No. 5, the purport of the whole pleadings

2. The assertion and judgment

A. Although the defendant, who is responsible for the management of the rooftop, which is the section for common use of the apartment of this case, should perform his duty to maintain and repair the section for common use so that water can not occur, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the leakage of water.

Therefore, the defendant should pay to the plaintiff a total of KRW 1,040,000 and food expenses of KRW 576,00,000, a solatium of KRW 1,00,00.

B. (1) The fact that water leakage in the plaintiff's apartment room was generated due to the apartment model of this case, which is a common part, is not a dispute between the parties, and the defendant is liable to compensate the damages suffered by the plaintiff due to the leakage of the plaintiff's apartment lot

However, the defendant's liability for damages should be recognized within the extent that there is a proximate causal relation with the water leakage of the plaintiff apartment room.

The plaintiff can repair the plaintiff's apartment water at the defendant's request for 16 days.

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