beta
(영문) 인천지방법원 2016.09.28 2014나7728

손해배상(기)

Text

1. Defendant Co., Ltd. in excess of the following amounts, among the parts against the principal lawsuit of the judgment of the first instance.

Reasons

1. Basic facts

A. (1) The Plaintiff is the owner of 716 large scale 2,718.7 square meters and three above ground factories (hereinafter “instant factory”). Defendant 00 Electric Power Transmission Co., Ltd. (hereinafter “stock company” does not indicate in specifying the Defendants”) is an owner of the land of 718m2, Nam-gu, Incheon Metropolitan City and its neighboring the instant factory, and an implementer who implements the construction of a factory on the land of this case (hereinafter “instant construction”).

(2) Defendant Samsung Heavy Heavy Construction is a contractor of the instant construction. Defendant Samsung Heavy Heavy Construction is a company that performs construction works, such as ground-breaking and construction of underground wastewater treatment plants, among the instant construction works, together with Defendant Samsung Heavy Integrated Construction.

B. On August 2012, the construction of the instant construction and the instant plant’s damage, Samsung Integrated Construction, Samsung Integrated Construction, and the construction of the ground-breaking and underground wastewater treatment plant construction upon commencement of construction of the instant construction around August 2012. However, as the excavation work performed at the time, soil-proof construction, etc. moved out to the direction of underground structures newly constructed underground structures due to the construction of underground structures such as underground water at the underground reservoir of the instant factory, the ground gap occurs in the underground reservoir of the instant plant, resulting in the subsidence of the surrounding ground and related structures, and the impact of the vibration, which is delivered at the time of the use of rupture and equipment on the ground subsidence, were rupture in the building.

As a result, there were damages such as the entry in the attached construction cost table, such as putting the fence of the factory of this case and putting rupture on the floor of the factory building.

C. Among the facilities installed by the Plaintiff, 17 meters in length on the line that connects 6, 10, and 15, 1.5 meters in height, 0.20 meters in width, and 3.1 meters in length on the line that connects 15, 9, and 11 of the same drawing, among the facilities installed by the Plaintiff located in the course of the Plaintiff’s boundary, the three-onem in length on the line that connects 6, 10, and 15, 9, and 11 of the same drawing, and the same drawing.