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1. The Defendant’s KRW 14,187,960 for the Plaintiff and 5% per annum from November 18, 2016 to August 22, 2018.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the 4th ground floor neighborhood living facilities and housing building on the 1st ground located in Busan Seo-gu (hereinafter “the Plaintiff’s building”). The Defendant is the owner of the 10th urban residential housing building on the 10th ground located in Busan Seo-gu, Busan Seo-gu (hereinafter “the Defendant’s building”).
B. Around July 15, 2015, the Defendant started construction of the instant building (hereinafter “instant construction”). Around July 15, 2015, the instant building and the Defendant building created the instant chemical group in the shape of “A” surrounded by the instant building and the Defendant building (hereinafter “instant chemical group”).
C. After the construction of the instant building, ruptures (hereinafter “the ruptures of this case”) occurred on the fourth floor of the instant building. The ruptures generated from the ruptures generated from the instant toilet floor were generated on the 3th toilet stream and the wall.
From October 2015, water leakage (hereinafter “instant water leakage”) occurred on the first floor of the Plaintiff’s building from October 2015.
E. Around April 2016, the Plaintiff resisted to the Defendant, and around April 2016, the Defendant set up a waterproof repair work on the first floor, marina, and fence of the Plaintiff’s instant building, and a waterproof construction work on the part of the instant flower.
[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 5; 17, 21, and 22; the appraisal result by appraiser E; the appraisal result by appraiser E; the court's entrustment of appraisal supplementation to appraiser E; the purport of the whole pleadings
2. Determination as to the claim for damages
A. The Plaintiff’s assertion 1) The Plaintiff asserts that the crack and water leakage occurred due to the Defendant’s lack of waterproof construction work for the instant construction project and the instant chemical group. 2) The evidence revealed prior to the determination, and the overall purport of the pleadings in the statement Nos. 15 and 16, comprehensively taking account of the following facts and circumstances.