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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The principal lawsuit out of the costs of appeal.
Reasons
1. Determination as to the cause of the principal claim
A. From around 20 years prior to or June 13, 2008, or from around 08:00 to around 18:00 on February 13, 2013, the Defendants’ summary of the Plaintiff’s assertion: (a) left the Plaintiff’s soil pipes 75 meters from Geumcheon-gu Seoul, Geumcheon-gu, with a view to watching the Plaintiff’s soil pipes 100 meters; and (b) completed illegal sewerage construction by the Defendants.
As a result, the Plaintiff’s sewerage system was prevented, and the water leakage occurred in the underground factory between January 9, 2013 and February 14, 2013.
As can be seen, due to the Defendants’ illegal sewerage construction, the Plaintiff suffered damages, such as KRW 4,860,00,000, from February 2, 2013 to December 13, 2013, including damages of KRW 3,300,00, which occurred due to the Plaintiff’s illegal construction of sewerage.
The claim amount and the claim amount asserted by the Plaintiff are inconsistent.
B. According to the statements in Gap evidence Nos. 2, 3, 4, and Eul evidence Nos. 1 through 3, and part of Gap evidence Nos. 7, it is acknowledged that around January 23, 2013, water leakage occurred in the plaintiff's underground factory. The plaintiff was connected with other sewage pipe pipelines in the plaintiff's underground factory as a result of confirmation at the time of the sewerage construction around January 23, 2013. The fact that the plaintiff continued the defendants' sewerage pipeline construction on February 13, 2013 and the defendants did not water leakage in the plaintiff's underground factory.
Furthermore, the following circumstances are revealed in relation to the leakage of water by the Defendants as seen above, namely, whether water leakage has occurred in the Plaintiff’s sewerage or underground plant before around 20-30 years prior to the Defendants performed the sewerage pipeline construction, and the Geumcheon-gu Office around January 23, 2013, around January 23, 2013, the water supply pipe installed underground was located as adjacent to the Plaintiff’s house and the Defendants’ house, and the water leakage occurred thereafter.