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(영문) 서울동부지방법원 2018.11.02 2018나1287
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 4, 2016, the Plaintiff purchased Seongdong-gu Seoul apartment and D, and resided from around April 27, 2016, and the Defendant purchased the same apartment E on December 20, 1996 and resided from around January 28, 1997.

(hereinafter referred to as “instant apartment”, “Plaintiff’s household”, and the above subparagraph (E) B.

On May 9, 2017, the Plaintiff discovered that there was water leakage (hereinafter referred to as “water leakage in this case”) at the ceiling and the floor and the inner room of the Plaintiff’s household, and requested the apartment management office of this case to find out the cause of water leakage.

On June 27, 2017, the management office diagnosed that the water leakage in this case was caused by water leakage from the heating pipes of the defendant household.

C. On November 2017, the Defendant confirmed that heating pipes inside the Defendant’s household were dried and repaired the parts, and the number of Plaintiff’s household continued to occur until around that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3, 4, and 7 (including paper numbers) or video, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant is obligated to pay to the Plaintiff KRW 4,300,000 as damages incurred by the water leakage of this case (i.e., the replacement cost of the attached park) and damages incurred therefrom (i., the repair cost of the inner floor of KRW 1,300,000).

B. According to the above facts, it is reasonable to view that the water leakage in this case occurred due to the defect of the heating pipe leakage in the Defendant household, which is possessed by the Defendant. Thus, the Defendant is liable to compensate for the damages suffered by the Plaintiff due to water leakage in this case, barring special circumstances.

(Article 758 (1) of the Civil Act). As to this, the defendant is not the section for exclusive use by the defendant's household, but the number of this case.

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