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(영문) 수원지방법원 안양지원 2018.08.17 2017가단120088
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. During the Plaintiff’s assertion, due to the Defendant’s responsibility, the owner of the Gu C Apartment (hereinafter “instant apartment”) 703 403 dong 403, the lower floor, there was water leakage damage around July 25, 2017 at the Plaintiff’s inner toilet site located below the lower floor.

Therefore, the defendant is liable to compensate the plaintiff for damages equivalent to the repair cost of 600,000 won and damages for delay.

B. In light of the following circumstances, even if water leakage from the apartment of this case occurred in 403, it appears that it is difficult to directly affect the apartment of this case, even if the water leakage from 403, and there is no trace of water leakage in the utility tunnel, even if the water leakage from the apartment of this case was done, it is difficult to conclude that the water leakagetain from the apartment of this case was caused by the Defendant’s damage caused to the Plaintiff’s inner toilets due to the Defendant’s fault due to the Defendant’s fault, it is difficult to conclude that the water leakagetain from the apartment of this case was caused by the Defendant’s fault. Rather, in light of the fact that water leakage from the drainage pipe installed on the floor of an inner toilet of 303, the water leakage of the drainage pipe installed on the toilet floor of the bank room of this case, which is presumed to have been worn out, the evidence submitted by the Plaintiff alone is insufficient to deem that the cause of the Plaintiff’s negligence was attributable to the Defendant, and it is not acceptable otherwise.

Therefore, the plaintiff's above assertion is without merit to examine further.

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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