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(영문) 서울중앙지방법원 2016.10.12 2015가단5168920
손해배상(기)
Text

1. The Defendant’s KRW 11,515,279 against the Plaintiffs and 5% per annum from June 24, 2015 to October 12, 2016, respectively.

Reasons

1. Facts of recognition;

A. The plaintiffs are married with their husband and wife, and are the owners of the second floor No. 102 (hereinafter "the plaintiff's house of this case"), Seocho-gu, Seoul, and the defendant is the owner of the third floor No. 103 (hereinafter "Defendant's house of this case") located on the upper floor of the plaintiff's house of this case.

B. From the end of July 2014, water used in the toilets of the Defendant’s instant Defendant’s housing was generated in the ceiling, etc. of the instant Plaintiff’s housing because of damage to the waterproof layer of the toilets of the instant Defendant’s housing several times, and water leakage was generated in the toilets of the toilet floor.

(hereinafter “instant water accident”). C.

Due to the water leakage accident of this case, there were damages such as contamination, color, transformation, etc. on the ceiling, walls, floors, etc. of the Plaintiff’s housing, and water flows into the ceiling and water leakage phenomenon occurred. D.

The Defendant resided while occupying the Defendant’s house during the period of water leakage in this case.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence or images (including each number), Gap evidence Nos. 1, 2, 3, 4, 11, 12, 13, and 24; the result of the appraisal by this court; the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the water leakage accident of this case occurred due to the defect in the installation or preservation of the toilet for the defendant's house owned by the defendant who is responsible for the maintenance and management of the defendant, and the defendant is liable to compensate the plaintiffs for the damages suffered by the plaintiffs due to the water leakage accident of this case pursuant to Article 758 (1) of the Civil Act.

B. In full view of the 1 repair cost description No. 3-1 and No. 3-2, the damage appraisal result of this court, the fact-finding about appraiser and the overall purport of the pleadings as a result of the appraisal request for supplementation of the evidence, the water leakage accident of this case damages the toilet wall and ceiling, living room wall and ceiling, ceiling, tent and wall, living room floor, etc. of the Plaintiff’s housing.

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