Defendant D’s KRW 12,250,000 per annum for the Plaintiff and 5% per annum from August 17, 2019 to November 24, 2020.

1. Basic facts

A. The Plaintiff is the owner of Dongdaemun-gu Seoul Metropolitan Government E and F (hereinafter “instant real estate”), and Defendant B and C are the owner of Gho-ho, the upper floor of the instant real estate.

B. Around March 2019, Defendant D awarded a contract for the interior works from Defendant B and C of the foregoing building G, and Defendant D performed interior works from March 29, 2019 to May 1, 2019 (hereinafter “instant construction”).

C. On April 30, 2019, Defendant D had been performing the instant construction, water leakage occurred in the ceiling, such as a living room, bedroom, etc. of the instant real estate, which was below the lower floor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of whole pleadings

2. The gist of the Plaintiff’s assertion is that Defendant D, while carrying out the instant construction, incurred water leakage in the instant real estate owned by the Plaintiff, thereby causing damage to the Plaintiff. Therefore, Defendant D is liable for tort against the Plaintiff.

Meanwhile, Defendant B and C, as the owner of the instant real estate, bear the responsibility for the installation or preservation of structures with respect to the water leakage generated from the instant real estate, and therefore, Defendant D and C are jointly and severally liable for the Plaintiff’s damages.

The Plaintiff: (a) repaired the instant real estate in the living room and 24,500,000 won due to water leakages generated in the ceiling; (b) replaced by a damaged household, such as bed and shock shocks, which brought KRW 3,400,360; and (c) incurred damages of KRW 6,00,000 in the rental fee due to the failure to use the instant real estate during the repair period.

Therefore, the Defendants shall jointly and severally compensate the Plaintiff for the damages.

3. Determination

A. As to the claim against the defendant B and C, the plaintiff asserts that the defect in the construction or preservation of the above defendants' structures, which is the owner of G, the upper floor of the real estate of this case, caused water leakage in the real estate of this case owned by the plaintiff.

However, as seen later, the number of real estate in this case was limited to Defendant D.