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1. The Defendant’s KRW 4,650,00 and the Plaintiff’s annual rate of KRW 5% from March 5, 2015 to April 2, 2015.
Reasons
1. Occurrence of liability for damages;
A. Fact 1) The Plaintiff is the owner of 102 Dong-dong 203, Daegu Northern-gu C apartment, and the Defendant is the owner of 303 apartment units, the above floor, and the owner of 303 units of apartment units. However, from June 2013 to 203, water leakage occurred in the kitchen and the living room on the side of the ward. The Plaintiff knew of this fact and requested repair several times, but the Defendant did not comply with the above request.
3) As a result of the Plaintiff’s inspection of the causes of leakage by D engaged in water leakage detection operations around February 2014, the Plaintiff determined that, around June 2013, water leakage occurred in the course of replacing the water tap installed in the back beera laund, 303, and this was caused by water leakages in the pipes and water taps connected to the Defendant, and that this was caused by the lower floor below the pipe. (4) The Plaintiff and D became dead immediately after the Defendant informed the Defendant of the said inspection.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Gap evidence 2 to 6, witness D's testimony, the purport of whole pleadings
B. According to the above facts, the pipes of the above 303 were in a state of failure to meet the safety ordinarily required for their use, and the leakage occurred due to such defects in installation or preservation, so the defendant, the owner of the above pipes, is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the leakage of water in accordance with Article 758 of the Civil Act.
2. Scope of liability for damages
A. The Plaintiff’s assertion that such water leakage incurred losses from ① 3,650,000 won of funeral repair expenses, ② the water leakage incurred from September 2013 to February 2015, but did not use the said 203 units, thereby causing losses to the Plaintiff’s total amount of KRW 1,906,320 for the said period, and thus seeking compensation for each of the said losses.