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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. According to the evidence No. 1-1 and No. 2 of the parties, the Plaintiff is the owner of Yangsan City Carryover 301, and the Defendant is the owner of the above 4th floor 501.
2. The parties' assertion
A. From September 15, 2014, Plaintiff 501’s water leakage occurred from the boiler room inside the building, Plaintiff 301, the next floor, 301, generated myiology due to the increase of damp season on the wall and floor (hereinafter “damage”).
Therefore, the plaintiff requested several repairs to the defendant, but the defendant did not accept it, and as a result, there was a loss to pay the total of KRW 4,190,000 for the floor repair costs of the building No. 301. Therefore, the defendant shall compensate the plaintiff for the above amount.
In addition, the defendant should compensate for consolation money of 3,000,000 won for mental suffering suffered by the plaintiff due to the cancellation of the contract with the tenant, the reduction of the number of buildings due to long-term habits, and the delay in water leakage and repair work in this case.
B. Defendant 1) The instant damage did not relate to the leakage of the boiler part of 501, and was caused by the Plaintiff’s negligence of management, such as the Plaintiff’s failure to operate the boiler under 301 and frequent ventilation. Thus, the Defendant is not liable for this. 2) Even if the Defendant is liable for the said damage, the repair cost and consolation money amount claimed by the Plaintiff is excessive.
3. Determination
A. The following circumstances, which are acknowledged by comprehensively taking account of the occurrence of liability for damages, Gap evidence No. 3-1 to 8, Gap evidence No. 4, and the overall purport of the arguments, namely, ① water leakage occurred in the center of the 301 spring site, ② in the 501 floor area of the 501 spring site, ② in the course of water leakage inspection on April 11, 201 of E running "D", water trace was found on the 301cheon and 501 floor area, and water leakage was discovered in the 501 hot water pipe (at present, water meters are stored).