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(영문) 의정부지방법원 2015.01.13 2014가단104933
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner and resident of the real estate listed in the separate sheet (hereinafter “Plaintiff’s Housing”). The Defendant is the owner and resident of the multi-household 201 (hereinafter “Defendant’s Housing”) indicated in the separate sheet, which is the upper floor of the Plaintiff’s Housing.

B. Around March 10, 2013, the Plaintiff left the Republic of Korea to Australia and entered the Republic of Korea on January 19, 2014. From December 12, 2013 to January 2014, the Plaintiff suffered damage due to leakage in the living room, bec, etc. of the Plaintiff’s housing.

(hereinafter referred to as “instant water accident”). 【No dispute exists concerning the basis for recognition, Gap evidence 1, Gap evidence 3-1 to Gap evidence 4-2, the result of the on-site inspection by this court, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that the water leakage accident of this case occurred when the Defendant installed a washing machine in the benda of the Defendant’s housing, and laundryed the sewage at a certain point, despite the laund weather, and discharged the sewage through the drainage pipe installed in the benda of the Defendant’s housing unit. Ultimately, the sewage discharged from the drainage pipe flows out through the benda of the Plaintiff’s housing unit.

Therefore, as the owner of the Defendant’s housing, the Defendant, who is a tort or a structure, is obligated to pay the Plaintiff the amount equivalent to the repair cost incurred from the instant water leakage accident, the total of KRW 13,615,806, and KRW 14,515,806, and the total of KRW 900,000,000 for

B. Therefore, in light of the following circumstances, whether the water leakage accident in this case occurred due to the Defendant’s laundry flow into the drainage pipe of the Plaintiff’s housing, or whether the sewage occurred due to the Defendant’s laundry, or due to the laundry flow into the drainage pipe of the Plaintiff’s housing, as well as the statements and images of Nos. 1 through 4-2, and the result of this court’s on-site verification, and the entire purport of the pleadings as a result of appraiser C’s appraisal, the evidence Nos. 2 through 3-8, and the evidence Nos. 6-1 through No. 8

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