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(영문) 부산지방법원 2015.12.23 2015나1281
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added at the trial, the defendant 1,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Suwon-gu, Busan and 402, and the Defendant is the owner of the above CBL 502.

B. From around 2011, water leakage occurred in the ceiling of the above 402 heading, and the Plaintiff performed waterproof construction work around October 1, 201 after consultation with D, the former owner of the above 502 heading 502. However, even around 2012, the Defendant continued to enjoy water leakage in the ceiling of the above 402 heading 402 heading (hereinafter “the instant water leakage”).

C. The Plaintiff carried out a re-proof construction project on the bel region of the foregoing 502 Vietnames and the boundary portion of the above 402 and the above 502 and the ceiling area of the above 402, and paid KRW 2 million at the cost. The Plaintiff spent KRW 300,000 in the distribution and charge construction cost of the above 402.

Although the Plaintiff and the Defendant agreed to bear half of the cost of the waterproofing construction, the Plaintiff and the Defendant requested the Plaintiff to prepare a letter to the effect that the Defendant would not raise any objection due to leakage in the future, and the Plaintiff rejected it.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 12 (including paper numbers), Eul evidence Nos. 1 through 4, witness E and F, the purpose of the whole pleadings and arguments

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The water leakage of this case primarily occurred due to defects in the installation and management of the above 502, and the Defendant, the owner of the above 502, has the obligation to compensate the Plaintiff for damages incurred therefrom. 2) Preliminaryly, even if the water leakage of this case was not due to defects in the installation and management of the above 502, the Defendant agreed to share half of the cost of the relevant waterproof construction with the Plaintiff, so at least half of the cost of the relevant waterproof construction is liable to pay the agreed amount.

B. We examine the judgment as to the primary claim of the first instance, and all of the evidence duly admitted.

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