(영문) 서울중앙지방법원 2016.07.14 2014가단148658

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(영문) 서울중앙지방법원 2016.07.14 2014가단148658

손해배상(기) 등

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1. The Defendant amounting to KRW 3.8 million to the Plaintiff and the Plaintiff’s 5% per annum from May 9, 2014 to July 14, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government Carryover (hereinafter “instant Ba”) No. 103 (hereinafter “103”) 1st floor, and the Defendant is the owner of the instant 303rd floor 303 (hereinafter “303”).

B. On February 13, 2013, the Plaintiff discovered water from multi-use rooms, kitchens, etc. (hereinafter “instant water leakage”) and known the Defendant on March 3, 2013.

C. On July 14, 2013, the Plaintiff and the Defendant laid water in a multi-use room floor of 303 for a water leakage experiment. The Plaintiff and the Defendant laid in the floor of the multi-use room of 303 by the ceiling of 203, the lower floor through the rupture of floor and wall, and the water again flows in the ceiling and wall of the main and multi-use room of 103.

Before the leakage experiment, there was a trace of water leakage on the wall of the 103th use room, the ceiling and the wall of the main bank, and there was a trace of water leakage on the ceiling and wall of 203 upper house of 103th head office.

E. The Plaintiff spent KRW 1,700,000 to repair a tent, remote area, etc. damaged by the instant water leakage, and KRW 1,600,000,000 to replace a damaged motor vehicle.

[Based on Recognition] Unsatisfy, Gap's statements and images (including paper numbers), witness D, E's testimony, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination as to a claim for damages

A. According to the facts of recognition as above, it is reasonable to view that the water leakage in this case was caused by the defect in the installation or preservation of the structure, such as the multi-use floor and the rupture of walls, which belongs to the part of exclusive ownership of 303, owned by the defendant. Thus, barring any special circumstance, the defendant is liable to compensate the plaintiff for the damages caused by water leakage in this case

B. The scope of liability for damages is (1) according to the fact of recognition of repair and replacement costs due to water leakage.

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