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(영문) 수원지방법원 2019.02.14 2018가단510419
손해배상(기)
Text

1. The Defendant: 9,619,543 won, Plaintiff B, Plaintiff D, and Plaintiff E respectively; and 300,000 won, respectively, to Plaintiff C.

Reasons

1. Facts of recognition;

A. The Plaintiff A, as the owner of Suwon-gu Suwon-si G Class H of the underground floor (hereinafter “first house”) in Suwon-si, Suwon-si, the husband, resided in the first house with Plaintiff C, Plaintiff E, and Plaintiff D, who are his children, and the Defendant is the owner and occupant of the first floor G I of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the upper floor.

B. From the end of November, 2017, water leakage phenomenon occurred in the ceiling of the first house, the wall, the ceiling of the main bank, and the wall of the main bank, from the end of November, 2017, and the ceiling and the wall of the inner bank and the main bank were milched so that ice and fung were found.

(hereinafter “instant water accident”). C.

The cause of water leakage in this case was revealed to be the cause of water leakage in the second house, which is the constituent part of the second house. The water leakage of the water pipe of the second house was found to be the cause of the water leakage.

The cost of repairing the damage of the first house caused by the water leakage accident in this case, namely, the cost of removing the interior of the first house, the ceiling and the wall finishing materials of the main bank, and the cost of restoring the site to its original state is KRW 7,819,543.

E. Meanwhile, in order to find out the cause of the instant water leakage accident, Plaintiff A spent KRW 400,000 of the water leakage detection cost around December 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, 8 through 11, 16, 17 (including branch numbers, if any; hereinafter the same shall apply), the witness J's testimony, the appraiser K's appraisal result, and the purport of the whole pleadings

2. Determination

A. According to the fact of recognition as above, the water leakage accident of this case occurred due to defects in the construction and preservation of the second house, which is a structure owned by the defendant and owned by the defendant.

As such, the defendant is obliged to compensate for the damages suffered by the plaintiffs due to the water leakage accident in this case.

B. (1) The fact that 7,819,543 won is required for the construction cost to compensate for the damages to the first house caused by the instant water leakage incident, such as the scope of liability for damages (i) housing repair cost, and the Plaintiff.

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