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(영문) 서울동부지방법원 2018.01.26 2015가단128203
손해배상(공)
Text

1. The defendant

A. As to KRW 6,772,116 among Plaintiff A and KRW 5,272,116 among them, the year is from February 1, 2015 to January 26, 2018.

Reasons

1. Basic facts

A. The Plaintiff A acquired the Plaintiff’s ownership of reinforced concrete brick structure No. 502 of Songpa-gu Seoul Metropolitan Government D apartment No. 502 and 253.59 square meters (hereinafter “Plaintiff’s apartment”) on June 29, 2007, and the Plaintiffs, who are the married couple, reside in the above apartment.

The defendant acquired on September 24, 1992 ownership of the 6th apartment building No. 602 of the 6th apartment building, the above floor, and resides in the above apartment building.

B. On December 201, Plaintiff A sent to the Defendant a certificate that “the damage caused by the Defendant’s apartment water and sewerage wave will be restored to its original state” on two occasions on January 11, 2012 and on February 1, 2012, Plaintiff A claimed KRW 8,500,000 at the cost of restoration to the original state, such as the Defendant’s toilet, the toilet, the ward and the bend (hereinafter “instant primary damage”). On May 30, 2012, Plaintiff A and the Defendant agreed to complete the dispute by receiving KRW 2 million from the Defendant on the said damage.

C. With respect to the plaintiffs' apartments, around January 2015, damage, such as scaming damage and breaking the bend floor of the bend floor, etc. (hereinafter "the second damage of this case") occurred on the part of the benda and the benda.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 8 (including provisional number), and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The plaintiff's second damage of this case occurred due to leakages caused by the defendant's apartment water pipe wave, and the plaintiffs suffered damage, such as the plaintiff's apartment bend and shoulder damages, so the defendant compensates the owner of this apartment building for damages equivalent to KRW 10,544,232 of the cost of restoring the damage to the original state, and resides in the above apartment.

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