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1. According to the claim that was changed in exchange in this court, the defendant 1,518,065 won and this shall apply to the plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the owner of the Daegu Jung-gu C Apartment 501 (hereinafter "the plaintiff's apartment of this case"), and the defendant is the owner of the above C apartment of 601 (hereinafter "the defendant apartment of this case").
B. As water leakages occurred in the ceiling, etc. of the Plaintiff’s apartment complex of this case due to the water leakage of the Defendant’s apartment complex of this case, the Plaintiff agreed with D Representative E on the construction cost of the Plaintiff’s apartment complex of KRW 1,700,000, and the Plaintiff and the Defendant agreed to pay half of the repair cost (hereinafter “instant agreement”).
C. From March 22, 2015 to March 23, 2015, E completed the instant construction work, and the Defendant remitted KRW 900,000 to E as the cause of the instant construction work payment.
Although E completed the instant construction, there was continuously water leakage (hereinafter “instant water leakage”) in the instant apartment of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 through 13, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The instant water leakage, which is the cause of the Plaintiff’s claim, was commenced on the apartment of the Defendant, and the construction cost of KRW 1,518,065 for restoring the damaged part of the Plaintiff’s apartment due to the water leakage in the instant case (=Direct construction cost of KRW 1,010,756, indirect construction cost of KRW 507,309) was spent.
In addition, due to the leakage of the instant case, the Plaintiff incurred a loss equivalent to KRW 7,000,000 (= monthly rent of KRW 500,000 x 14 months) as it was impossible to lease the instant apartment from March 15, 2016 to May 2017 (14 months).
Therefore, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 8,518,065 (=1,518,065 won) and the damages for delay (7,00,000 won).
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