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(영문) 서울남부지방법원 2018.10.23 2017가단5284
손해배상(기)
Text

1. The Defendant: (a) KRW 2,550,000 for the Plaintiff and KRW 5% per annum from March 25, 2017 to October 23, 2018; and (b).

Reasons

1. The gist of the Plaintiff’s claim is the owner of Gangseo-gu Seoul Metropolitan Government C Apartment and 601 (hereinafter “Plaintiff apartment”), and the Defendant is the owner of the immediately upper floor of the Plaintiff apartment (hereinafter “Defendant apartment”).

From October 3, 2016 to October 3, 2016, water leakage occurred from the Plaintiff’s apartment house’s kitchen and the living room. Accordingly, the Plaintiff’s ceiling and the wall were damaged. Therefore, the Defendant is liable to pay the Plaintiff the following damages.

The amount calculated on the basis of the loss (297,00,000 won in transaction value x 1/83.9 in an area where the exercise of property rights is impossible x 1.5% in the area where the exercise of property rights is impossible) x 1.5% in the city x 149 days in the number of damages (28 December 3, 2016 to 28, 2017) x 30% in the number of damages x 7,911,602 won x 30% in the case of the plaintiff's apartment 20% in the case of the plaintiff's apartment 40,120,400 won in the case of the plaintiff's apartment x 20,000 won in the case of the plaintiff's family 40,000 won in the case of the plaintiff's family x 24,000 won in the cost of restoration to original state x 24,000 won in the case of the plaintiff's family 20.

2. In full view of the fact that there is no dispute between the parties to the liability for damages, the entry in Gap evidence Nos. 1 and 8 (including each number), and the result of the on-site inspection conducted on May 29, 2017 by the appraiser D’s appraisal conducted on the part of the whole pleadings, the fact that there was a defect in which the ceiling and the wall body of the plaintiff apartment located on the next floor are flooded and the inner wall are damaged, as a result of water leakage in the bathing floor and the wall mating part of the defendant apartment building located on the lower floor.

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