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(영문) 대전지방법원 2020.10.28 2019가단116419
채무부존재확인
Text

1. The Plaintiff’s liability for damages arising from an accident listed in the [Attachment 1]

A. As to Defendant (Counterclaim Plaintiff) B, 27,248.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the E apartment F head of Sejong Special Self-Governing City (hereinafter “F heading”); Defendant B is the owner of the G heading (hereinafter “G heading”); the exclusive area of Defendant B is the exclusive area of 106.6345 square meters; and the ground plan is the attached Table 2); Defendant C is the resident of subparagraph G.

B. On August 31, 2018, around August 31, 2018, an accident occurred where wastewater was discharged into the ward and the kitchen through the drainage pipe of the boiler distribution machine with a 5-day load of the reflowed by the Plaintiff.

(hereinafter referred to as “instant accident”). C.

As there is no disagreement between the Plaintiff and the Defendants on the repair cost, etc. of G, the Plaintiff applied for the preservation of evidence by this Court 2018Kao20235 on November 21, 2018, and the said court appointed H as an appraiser. On January 3, 2019, appraiser H investigated the field of G and conducted appraisal procedures.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Judgment on a counterclaim

A. The instant accident was caused by the Plaintiff’s negligence in managing the Plaintiff’s damage compensation liability, and thus, the Defendants are liable to compensate for the damages arising therefrom.

(I) The plaintiff does not dispute the existence of liability for damages. (B)

1) Defendant B(Ghoh owner) asserts that the cost of restoration of Ghoh from the instant accident is KRW 80,895,031 (as of December 19, 2018), Defendant B, claiming that the cost of restoration of Ghoh is KRW 80,895,031.

B) According to Gap evidence evidence Nos. 3, 5, and Eul evidence Nos. 1, the evidence preservation case's evidence Nos. 1: (1) calculated as of August 31, 2018, as of December 19, 2018, 77,846,145 won as of August 31, 2018, and 80,895,031 won as of December 19, 2018, the appraisal time of the instant accident, and (2) However, the part of the water erosion caused by water leakage in subparagraph G due to the instant accident is below.

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