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(영문) 서울중앙지방법원 2018.05.15 2016가단125857
손해배상
Text

1. The Defendant’s KRW 7,762,895 for the Plaintiff and its related KRW 5% per annum from January 11, 2017 to May 15, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Multi-household 1 in Seoul Special Metropolitan City, Gwanak-gu, consisting of 8 households, composed of the 1st basement and multi-household 3rd above ground, and obtained approval for use on May 15, 191. Of which, among them, No. 201, which is owned by the Plaintiff (hereinafter “Plaintiff’s Housing”) with common areas, such as corridor and stairs, on the underground floor.

(1) and No. 202 (hereinafter “Defendant’s housing”) owned by the Defendant

ii) there is a situation (specific status is as listed in the annexed Form.

2) The Plaintiff’s main cause of water leakage, such as the Plaintiff’s furniture, straws, walls, and scams, generated from the corrosion, etc. in the Plaintiff’s housing, was due to the Plaintiff’s main cause of water leakage in the Defendant’s housing, through common areas, turned into the Plaintiff’s housing.

3) On April 18, 2016, the Plaintiff: (a) requested D (E) to detect water leakage in the Plaintiff’s housing; (b) performed repair works to verify water leakage on the heating pipelines installed on the floor; and (c) replace the heating pipes; (d) At the Plaintiff’s request, the Defendant, upon the Plaintiff’s request, laid the kitchen floor, etc. on September 7, 2016, opened the kitchen floor, etc. of the Defendant’s housing, and caused substantial damage to the pipe through which water (living sewage) flows of the kitchen, etc. installed below, and the Defendant performed repair works on the damaged pipeline part, etc.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 5, Eul evidence Nos. 2 and 6 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 6, 9, 11 through 14, Eul evidence Nos. 5, appraiser F's appraisal result, each fact inquiry result by appraiser F, each fact inquiry result by the court of this case, the purport of the whole pleadings / [Insufficient evidence] Gap evidence Nos. 16, 21, and 22, Eul evidence Nos. 1, 3, and 8

B. Determination 1 as to the fact that pipes installed on the kitchen floor of the Defendant’s housing have been considerably damaged, and that water leakage has occurred through that part, appraiser.

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