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(영문) 서울중앙지방법원 2017.09.19 2017나14085
손해배상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

On April 2015, the Plaintiff caused water leakages in the balcony and the main ceiling of the apartment owned by the Plaintiff due to defects in the rooftop, which is a common area, and this is caused by the Defendant’s negligence in performing his/her duty to repair and maintain the common area of the apartment. Therefore, the Defendant asserts that the Defendant is obliged to compensate the Plaintiff for damages equivalent to KRW 2,010,000 for repair costs incurred by water leakage and damages equivalent to KRW 90,000 for consolation money.

However, it is not sufficient to recognize that the entries and videos of the evidence Nos. 1, 3-1 through 6, 8-1 through 3, and 9 have occurred in the plaintiff's apartment due to the defects in the rooftop, which is a common area, and there is no other evidence to acknowledge them.

Therefore, the plaintiff's assertion is without merit without further review.

If so, the plaintiff's claim shall be dismissed as without merit.

The judgment of the court of first instance is just based on the conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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