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(영문) 수원지방법원안산지원 2019.07.10 2019가단59670
손해배상(기)
Text

1. The Defendant’s KRW 1,002,865 with respect to the Plaintiff and KRW 5% per annum from August 18, 2018 to July 10, 2019, and the next day.

Reasons

1. Determination on the claim for damages

A. The following facts are not disputed between the parties or may be acknowledged in full view of the overall purport of the arguments as a result of the appraiser E’s appraisal and the statement or image of Gap evidence Nos. 1 to 3, 7 through 10 (including each number; hereinafter the same shall apply):

The Plaintiff shares the member-gu Seoul apartment and F apartment (hereinafter referred to as the “Plaintiff apartment”) in proportion to G and 1/2 shares, respectively, and the Defendant is the owner and possessor of the member-gu C apartment and D apartment (hereinafter referred to as the “Defendant apartment”) in Ansan-si, Ansan-si.

Around October 2017, the Plaintiff received water from the Plaintiff’s apartment houses, etc., and notified the Defendant of such fact and demanded remuneration.

On November 2017, the defendant performed waterproof construction work with the drain pipe around the apartment house.

However, despite the Defendant’s above waterproof construction works, water leakage phenomenon has continued in the Plaintiff’s toilet ceiling due to the Defendant’s waterproof layer defect, etc., and such water leakage has caused damage to the Plaintiff’s toilet ceiling, the ceiling and walls of the two bedrooms, and the living room wall.

According to the above facts, it is reasonable to view that the water leakage of this case occurred due to defects in the installation or preservation of structures, such as waterproof layer defects in the toilet floor of the defendant apartment owned by the defendant's apartment. Thus, the defendant is liable to compensate the plaintiff for damages caused by such defects pursuant to Article 758 of the Civil Act.

B. Furthermore, in full view of the purport of the entire arguments as a result of the appraiser E’s appraisal on the scope of damages, the costs necessary for repairing defects, such as the removal of the existing toilets and the installation of new crowdfunding, etc. of the Plaintiff apartment housing caused by the leakage of the instant case, are 2,005,730.

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