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(영문) 수원지방법원 안산지원 2021.01.13 2020가단8326
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is the owner of the Gu building C and D (hereinafter “Plaintiff-owned loan”) in Ansan-si, Ansan-si, and the Defendant is the owner who completed the registration of transfer of ownership with respect to the Gu building C and E (hereinafter “Defendant-owned loan”) in Ansan-si on March 27, 2015.

The Plaintiff asserted that “the cause of water leakage in the Plaintiff-owned river toilets and the small bank room is in the possession of the Defendant,” and filed a lawsuit seeking damages against the Defendant (the Suwon District Court Branch Decision 2016 Ghana Branch Office 26789). On November 15, 2016, the said lawsuit was concluded by the mediation that the Defendant pays KRW 150,000 to the Plaintiff.

On January 1, 2017, the Plaintiff filed a claim for damages against the Defendant (Seowon District Court Decision 2016Gaz. 26789) with regard to “the number of damages arising from the Plaintiff’s Borrowing,” thereby filing a lawsuit against the Defendant.

On May 31, 2018, the above court rendered a judgment in favor of the Plaintiff, which recognized the damages of KRW 1,540,000 and solatium of KRW 500,000, and the above judgment became final and conclusive as it is.

[Grounds for Recognition] Unsatisfy, Gap 1, Eul 2, 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion continues to be enjoyed on the toilets and small banks owned by the Plaintiff, and the cause thereof is the poor treatment of the toilets owned by the Defendant.

The defendant has a duty to repair defects in order to prevent water leakage from occurring due to the defects of the loan owned by the defendant, but did not do so, thereby causing damage to the plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff consolation money of KRW 1,250,000 (the amount calculated by the rate of KRW 50,000 per month from June 1, 2018 to June 30, 2020) and the amount of delayed damages, and to perform construction works for the prevention of water leakage on the loan owned by the Defendant.

B. The evidence presented by the Plaintiff alone continues to be accumulated in the Plaintiff’s loan, and the cause thereof lies in the loan owned by the Defendant.

Unlike the lack of recognition, this is not sufficient.

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