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(영문) 서울남부지방법원 2018.06.15 2017나4305
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant)'s principal lawsuit and the defendant (Counterclaim plaintiff)'s counterclaim.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is an owner who acquired ownership of Yeongdeungpo-gu Seoul Metropolitan Government C Apartment and 101 Dong 1103 (hereinafter “instant 1103”) around January 20, 2015, and the Defendant acquires ownership of 1203 (hereinafter “instant 1203”) located on the immediate upper floor of the instant 1103 around July 14, 2005.

B. On January 1, 2015, in the inner river of this case, there was a phenomenon where water sing out and water sing out in the remote area of the 1103th century (hereinafter referred to as “instant water phenomenon”), and these phenomena occur whenever wintered.

C. Due to the phenomenon of water leakage in this case, there was an erosion and fungico in the ceiling, wall structure, and floor of the 1103 inside bank of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 8-1 to 11, the whole purport of the pleading

2. The assertion and judgment on the main claim

A. The Plaintiff’s assertion (1) The Plaintiff’s assertion was made by internal resolution of the inner wall of the instant case 1203, which was owned by the Defendant, and the number of the outcome that was caused by such internal resolution was leaked through the inside bank 103 of the instant case’s 1103 Slarbr fever.

The damages suffered by the Plaintiff as a result of leakage from the Defendant’s exclusive ownership are as follows:

The Plaintiff spent KRW 2,800,000 in total as investigation service costs and additional cumulative exploration costs in order to identify the cause of the instant water leakage phenomenon, and the cost of repairing water leakages, which is recognized by the appraiser in the first instance trial, is KRW 6,010,119, which is recognized by the appraiser in the first instance trial.

In addition, when the plaintiff implements the repair work for 1103, it is difficult to live in the outside accommodation because it is difficult to live in the normal life, and accordingly, it is required to use at least 2,00,000 won as consolation money or losses.

Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 10,810,119 (=2,800,000 won) and damages for delay (2,00,000 won).

(2) Defendant Plaintiff.

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