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Successful Claim for Property Damages Caused by Upstairs Water Leak

26-06-16 128

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1. Case Overview

A large-scale water leak occurred when the upstairs residents left their home with the tap water running, causing severe damage to the downstairs ceiling, walls, and floors, along with the growth of mold. Consequently, the plaintiffs filed a claim for damages incurred by the leak.

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2. Unique Aspects of the Case

The defendant denied responsibility, claiming no negligence, making the objective proof of the leak's cause and liability the core issue. A significant matter was whether incidental damages, such as accommodation and item storage fees during the repair period, could be recognized alongside simple repair costs.

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3. Attorney Assistance

We comprehensively submitted objective evidence, including water meter usage records, call transcripts containing the defendant's remarks, the building manager's statement, and detailed results from an expert appraiser, effectively proving the defendant's negligence and liability. Furthermore, we actively argued for and meticulously organized the incidental damages caused by the leak.

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4. Result of Assistance

The court acknowledged the defendant's liability, ordering the payment of approximately 22 million KRW in damages along with delay interest. Additionally, the court ruled that the defendant must bear most of the litigation costs, helping the client to substantially recover from the damages.




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