Four Water Leakage Incidents Over Four Years
Court Orders Payment of 15.98 Million Won in Damages for Emotional Distress
A court has ruled that if a downstairs apartment suffers repeated water leakage damage from the upstairs unit, the upstairs resident must compensate not only for property damage but also for emotional distress.
According to a report by Yonhap News Agency on September 3, the Jeonju District Court’s 9th Civil Division (Presiding Judge Lee Yujin) partially ruled in favor of the plaintiff in a damages lawsuit filed by Mr. A, the owner of a downstairs apartment in Jeonju, North Jeolla Province, against the family of Mr. B, who lives upstairs. The court ordered Mr. B’s family to pay Mr. A 15,980,000 won in damages for emotional distress.
Mr. B’s apartment, located directly above Mr. A’s, experienced a total of four water leakage incidents between 2018 and 2021. After moving into the apartment in 2016, Mr. A discovered water dripping from the kitchen ceiling in November 2018 and notified the upstairs neighbor about the leak. Mr. B’s family acknowledged responsibility for the leakage and gave Mr. A 200,000 won, instructing him to replace the moldy wallpaper.
About two years later, in August 2020, a more severe leak occurred. This time, Mr. A’s kitchen sink, wall clock, and moldings fell, and mold reappeared. After confirming the damage to the downstairs apartment, Mr. B’s family paid Mr. A 5,500,000 won for repairs.
Mr. A used the compensation from Mr. B and other funds to renovate his apartment in October 2020. However, the leaks continued. In June 2021, another incident occurred, but Mr. A, who was attached to his apartment, decided to remodel once again.
Despite three previous leaks, a large-scale leakage occurred again in October of the same year. This time, water flowed not only in the kitchen but also in the living room, master bedroom, small bedroom, bathroom, shoe closet, and balcony. Holes appeared in the ceiling and the walls crumbled, leaving the entire apartment in disarray.
Ultimately, Mr. A, suffering from severe stress due to the repeated leaks, filed a lawsuit against Mr. B’s family seeking compensation for emotional distress.
The court stated, "Generally, when property rights are infringed due to another person’s actions, compensation for property damage is considered sufficient to address emotional distress. However, if there is emotional harm that cannot be remedied by property compensation alone, as in this case, it is recognized as special damage, and compensation for emotional distress is warranted."
The court further explained, "In this case, the defendant failed to properly resolve the leakage issue, resulting in another leak and even a hole in the ceiling just about two months after the plaintiff’s renovation. It is reasonable to conclude that the defendant knew or should have known about such damage, and therefore is obligated to pay damages for emotional distress to the plaintiff."
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