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(영문) 울산지방법원 2016.07.14 2016나97
손해배상(기) 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The scope of this court’s trial at the first instance court claimed for the payment of damages for defect repairs of KRW 4,261,303, consolation money of KRW 4,000,000 and damages for delay of each of the above amounts. The court of first instance rejected part of the Plaintiff’s claim and the remainder of the claim.

However, since only the defendant appealed against the above judgment, the scope of the judgment of this court is limited to consolation money and its damages for delay.

2. Facts of recognition;

A. The Plaintiff is residing in Ulsan-gu Dagdong 2 (hereinafter “instant loan”) 606, and the Defendant owns 707 heading above the upper floor of 606 heading 606 heading.

B. From August 2014, water leakage (hereinafter “water leakage”) occurred in the toilets No. 606, which were owned by the Defendant, due to the sewage facilities of the toilets No. 707, which were owned by the Defendant.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, or the purport of the whole pleadings

3. The consolation money shall be determined as KRW 1.5 million in consideration of the above-mentioned facts, the degree and duration of leakage of this case, the degree of damage to the plaintiff due to leakage, and other circumstances shown in the argument of this case.

4. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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