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(영문) 인천지방법원 2015.07.17 2013가합10112 (1)

손해배상(기)

Text

1. The defendant shall pay to the plaintiffs listed in the separate sheet No. 1-2 as stated in the separate sheet No. 6 of the separate sheet No. 2 and each of the above money.

Reasons

1. Basic facts

A. The plaintiffs listed in the separate sheet No. 1-2 (hereinafter referred to as the "Plaintiffs sectional owners") are sectional owners of the existing building and the extension building on the A's ground in Nam-gu Incheon Metropolitan City (hereinafter referred to as the "instant building").

The ratio of the plaintiff's right to a site in the whole building of this case to the site ownership of the 6378.5 is as shown in attached Table 2 Schedule 3.

B. The Defendant was awarded from the Asian Trust Co., Ltd. a contract for the instant construction of “C” officetels on the ground of the Nam-gu Incheon Metropolitan City B (hereinafter “instant land at the construction site”) adjacent to the instant building (hereinafter “C”).

C. On September 20, 201, the Defendant started the instant construction, and implemented underground excavation works of approximately 7 stories underground and approximately 28 meters underground depth after performing the construction of soil with the Slurry Wall method, etc.

On December 30, 2013, the head of Nam-gu Incheon Metropolitan City Office approved the use of the above officetel building.

[Ground of recognition] without any dispute, Gap's 1 through 4, 13 through 21 (including paper numbers; hereinafter the same shall apply), Eul's 1 through 7, and the fact-finding results against the Namdong-gu Incheon Metropolitan City head of this court, the purport of the whole pleadings.

2. Determination as to the claim for damages caused by damage, such as the deterioration of the building by the Plaintiff’s sectional owners

A. Where a person in charge of construction work for which liability has arisen has neglected his/her duty of care in performing construction intentionally or by negligence and has inflicted damage on a third party, tort is established. In particular, as a construction site requiring specialized construction due to the risk of ground subsidence, the contractor has the duty of due care to take sufficient prior measures to prevent ground subsidence due to soil and sand or underground water leakage in the construction process, and to proceed with the construction.

The results and results of the appraiser D, each of Gap's 1 to 8, 13 to 21, and Eul's 1 to 7.