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(영문) 서울중앙지방법원 2020.12.17 2020나44598
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff resided in Gangnam-gu Seoul Metropolitan Government C Apartment Ddong (hereinafter “instant apartment”) E, and the Defendant, as the spouse of the owner of the instant apartment No. F, occupied and managed the said subparagraph F while living together with G.

B. On August 2019, since early 2019, water leakage occurred due to the deterioration of the connection of the apartment Fheading house of this case (hereinafter “the instant water leakage”), and some of the remote areas in the instant apartment E-heading room owned by the Plaintiff were damaged by water leakage.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, 5, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition and each of the above evidence, it is reasonable to view that the damage from water leakage occurred in the apartment E owned by the Plaintiff was caused by the Defendant’s inflow into the instant apartment E, which is the household under the apartment F heading of the instant apartment complex, since the water leakage damage occurred in the instant apartment E, which was occupied and managed by the Defendant, was caused by the Defendant’s inflow of the instant apartment E, which is the household under the Defendant’s possession and management. Therefore, the Defendant, who is the occupation manager under the instant apartment F, is liable to compensate the Plaintiff

(The defendant is the husband of G who is his spouse and actually occupies and manages the apartment of this case).

(1) In a lawsuit seeking compensation for damages due to an illegal act of multiple costs, where it is difficult to prove specific amount of damages due to the nature of the case where the occurrence of property damage was recognized and the maximum amount of damage was reduced, the court is related to the relationship between the parties revealed by the result of examination of evidence and the purport of the entire pleading, the background leading up to the illegal act and the damage caused to property damage, the nature of the damage, and all the circumstances after the damage occurred.

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