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(영문) 서울중앙지방법원 2018.11.27 2017가단5114934
손해배상(기)
Text

1. The Defendants jointly share KRW 7,167,220 with respect to the Plaintiff and KRW 5% per annum from March 9, 2017 to November 27, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) The Gangnam-gu Seoul Metropolitan Government D Building 2 was a multi-family housing of the size of underground 1st and ground 3st, and approved for use on September 20, 1991. Of which, the Plaintiff’s 203 unit (hereinafter “Plaintiff’s unit”).

(1) The Defendants owned and resided in the Plaintiff’s housing, and the Defendants were 303, the direct upper floor of the Plaintiff’s housing (hereinafter “Defendant’s housing”).

(2) On March 9, 2017, around 09:00, the Plaintiff’s living room, main room, multi-purpose room, boiler room, water depth flow out (hereinafter “water leakage accident in this case”) and the Defendant’s side discovered water leakage through the equipment company as a result of the Defendant’s detection of water leakage from the Defendant’s multi-use water pipe, water pipe, and heating pipeline of boiler room in the Defendant’s housing.

3) Due to the instant water leakage incident, the Plaintiff’s various facilities (living rooms, multi-purpose rooms, boiler rooms, electric pipes, and wires) suffered from water leakage damage. [Grounds for recognition] There is no dispute, Gap’s 1, 2, and 12, and Eul’s 3, each of the entries or images (including household numbers, hereinafter the same shall apply) in Gap’s 1, 2 and 12, and Eul’s 3.

- The purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable to compensate for the damages suffered by the plaintiff due to the defects in the construction and preservation of the defendant's house owned by them.

2. Scope of liability for damages

A. 1) Active damage 1) In a case where a building is damaged due to a tort, the repair cost would normally be the cost of repair if possible, and in a case where the repair cost required to restore the building to its original state because the building had been worn out with its useful life at the time of its damage exceeds the exchange value of the building, the amount of damages under the principle of equity shall be limited to the exchange value of the building, and in a case where the value of the building increases than before its damage due to its repair, the amount calculated by deducting the exchange value increase from its repair cost (see Supreme Court Decision 99, Sept. 8, 198).

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