(영문) 수원지방법원 2018.06.01 2017나17693

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Reasons

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(영문) 수원지방법원 2018.06.01 2017나17693

손해배상(기)

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of No. 1 of the underground floor of multi-household housing located in Gwangju-si (hereinafter “Plaintiff’s housing”), and the Defendant is the owner of No. 101 of the first floor, the upper floor of the Plaintiff’s housing.

(hereinafter “Defendant’s housing”). (b)

In early 2015, the Plaintiff suffered damage from water leakage in the window frame and floor (including the entrance mold) of the Plaintiff’s housing (hereinafter “the window number” and “the floor number of the instant case,” collectively referred to as “the water leakage in the instant case”). From April 2015 to May 2015, the Plaintiff constructed the window frame construction and the floor number of the instant floor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff’s assertion 1) The water leakage of toilets and water pipes were generated due to the Plaintiff’s damage, and the Defendant is obligated to pay the Plaintiff the Plaintiff the 16,730,000 won (i.e., 8,500,000 won for rent for the second month for the Plaintiff’s house, 70,000 won for the construction cost of the Plaintiff’s house visiting housing unit (2,530,000 KRW 5,00,000 for the construction cost of the Plaintiff’s house visiting housing unit) and the delay damages therefrom, not due to the change of the Defendant’s house toilet, but due to other defects such as the Plaintiff’s association in the Plaintiff’s house.

② The cause of the floor leakage of the instant case is not due to the defect of the water pipelines in the Defendant’s housing, but due to inundation damage caused by the flood and theme of the Plaintiff’s housing for long time.

Rather, at the time of the instant water leakage, the Plaintiff destroyed the Defendant’s housing pipeline while constructing the Plaintiff’s housing floor.

B. (1) Determination A) As to the origin of the window mold of this case, Gap, 13, 16, 18, 22, and 22.

참조조문

-민법 제758조 제1항

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