1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The parties' assertion

A. The Plaintiff was the owner of PPD, and around July 2010, 5,200,000 won was paid due to water leakage from the sewage pipe of the third floor E of PP, which was owned and resided by the Defendant, such as the replacement of sewage pipe pipes, Doing, distribution, and decoration construction, and thus, the Plaintiff sought compensation for damages to the Defendant.

B. The defendant asserts that the above No. E is the immediately upper floor of the place where the plaintiff was residing, and that the amount paid by the plaintiff is excessive, so the plaintiff cannot respond to the plaintiff's claim.

2. Determination

A. According to the overall purport of evidence Nos. 1 through 6 and the argument, it can be acknowledged that the damage, such as myibibation, etc., has occurred in the remote areas of the toilets of the above Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba, small bank, and side walls owned by the Defendant on July 2010 due to water leakage, etc., and that the Plaintiff spent KRW 5,200,000 in total in the course of estimating and repairing through the specialized repair company of water leakage, etc. due to such damage. Thus, barring any special circumstance, the Defendant, who was the owner of the above Ba-Ba, has the obligation to pay the Plaintiff the above amount of money paid by the Plaintiff as compensation for damage under Article 750 of the Civil Act or Article 758 of the Civil Act.

B. However, since the above subparagraph E, which was owned by the Defendant, is not a house located on the Plaintiff’s immediate upper floor, it cannot be readily concluded that the damage suffered by the Plaintiff solely was caused by the cause under the above subparagraph (e). The commencement of water leakage was around July 2010, and the Plaintiff entered into a construction contract on water leakage and accepted it at around December 201, thereby limiting the Defendant’s liability to 70%, taking into account the fact that there was an increase in the amount of damage.

C. Therefore, the Defendant is liable to compensate the Plaintiff for damages amounting to KRW 3,640,00 (=5,200,000 x 70%) and the Defendant from August 23, 2012, following the delivery date of the original copy of the instant payment order.