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(영문) 서울서부지방법원 2018.07.11 2017가합31227

손해배상 청구의 소

Text

1. The Defendants jointly share KRW 65,314,00 to Plaintiff A, KRW 64,774,912 to Plaintiff B, and each of them on November 2015.

Reasons

Facts of recognition

The relevant Plaintiff A is each owner of the land and buildings listed in the attached Table No. 1 (hereinafter referred to as “instant land No. 1,” and the Plaintiff B is the land and buildings listed in the attached Table No. 2 (hereinafter referred to as “instant land”) in the order of the attached Table No. 1, and the building No. 2.

Defendant C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is a contractor who has been awarded a contract with the E Apartment Housing Reconstruction Project Association to construct a new 46 household units (hereinafter referred to as “instant construction”) on the 1,668 square meters of underground floor, 2, and 7th ground-based apartment and neighborhood living facilities, adjacent to the land No. 1, 2 of this case, and Defendant D is a supervisor of the instant construction project.

As a result of a thorough safety inspection of the instant construction and the instant building Nos. 1 and 2, Defendant C conducted the removal work of the existing building from August 10, 2015 to September 30, 2015, and the removal work of the said construction site from October 8, 2015 to November 29, 2015, after conducting the ground investigation of the instant construction site around May 2014, and through the on-site survey of the instant building Nos. 1 and 2 from August 6, 2015 to September 30, 2015, Defendant C suspended the instant construction work at the end of December 2015.

Defendant C requested H to conduct a thorough safety inspection of the instant building Nos. 1 and 2, and H, from January 15, 2016 to March 18, 2016, following an on-site investigation into the instant building Nos. 1 and 2, and submitted the following results of the thorough safety inspection to Defendant C around March 2016.

The outer wall of the building Nos. 1 and 2 of this case is a situation under which it was made on the part of the construction site of this case, and grade D A: The highest grade B of this case where there is no problem: It does not interfere with the display of the building structure function, but it does not interfere with the promotion of durability.