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(영문) 부산지방법원서부지원 2019.12.18 2019가단107249
손해배상(기)
Text

1. The Defendant’s KRW 1,540,00 for the Plaintiff and 5% per annum from September 12, 2017 to December 18, 2019.

Reasons

1. The following facts may be acknowledged in full view of the absence of dispute between the parties or the results of the commission of appraisal to the appraiser F of this Court, the results of fact inquiry to the above appraiser F of this Court, and the whole purport of the pleadings:

The Plaintiff is the owner or possessor of the Seo-gu Dalle G (hereinafter “instant Dolle G”) in Busan, and the Defendant is the owner or possessor of the aforementioned Dolle E (hereinafter “instant Dolle E”).

B. From around 2017, water leakages occurred on the wall surface, wall surface, and floor surface of the instant Bag bank (hereinafter “instant water”).

C. An appraiser who examined the causes of water leakage in the instant case presented the following opinions.

The time when disputes arise due to the potential damage, which occurred from January 2017 to March 2017, this time is the time when there is no excellent in winter and no household water is used separately.

The part of the balcony wooden ground of this case where water leakage has occurred due to various field conditions was not allowed to be conducted only on the ground without dismantling, and the surrounding floor of the excellent home line (e.g., the excellent home line) in subparagraph (e) is in the state of loss of the waterproof floor due to lack of the thickness.

Since the loss of partial finishing materials in the vicinity of the balcony of this case is confirmed and the nature and state suspected of being damaged by the waterproof layer, it is presumed that the water was generated from this cause and that it would proceed to the inside room of G.

In order to prevent water leakage in this case, he/she shall repair the ruptures around the top of the balcony floor of this case and conduct waterproof treatment.

2. Determination on the cause of the claim

A. As seen earlier, prior to the establishment of one liability for damages claim against water leakage damage, it is recognized that water leakage damage occurred under subparagraph (Ga) of the loan of this case owned by the Plaintiff due to defects in the installation or preservation of the loan of this case. Thus, the Defendant is the owner, interest, and occupant of the loan of this case.

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