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(영문) 부산지방법원 2019.08.22 2018가단300100

손해배상(기)

Text

1. Defendant D Co., Ltd. shall pay to the Plaintiff KRW 3,175,00 as well as to the period from January 10, 2018 to August 22, 2019.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 300/2,560 shares in the Busan Northern-gu E and the Fmenmenmenmenation of the Fmenul Group No. 4 on its ground (hereinafter “instant real property”). Defendant B and C are the co-owners of the three lots and buildings adjacent to the instant real property, and the owner of the construction of the 6th floor and the 2nd unit house (hereinafter “instant building”). Defendant D Co., Ltd (hereinafter “Defendant D”) is the contractor who was awarded a contract for the construction of the instant building from Defendant B and C for the construction of the instant building.

B. From May 16, 2017, Defendant D performed the new construction of the instant building from around May 16, 2017. The instant real estate caused damage, such as rupture of the wall and fence, on the instant real estate due to vibration, etc. generated in the process of destroying the underground base and building duplicating.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including those with several numbers), and the result of appraiser H’s appraisal, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. The Plaintiff asserted that Defendant B and C were responsible for the damages incurred to the instant real estate due to vibration generated in the process of the construction of the instant building at their own place of construction, and that Defendant B and C were liable for the damages incurred to the instant real estate at the site of the construction of the instant building at the same time and supervised and supervised the construction of the instant building at the site of the construction of the instant building at the construction of the new building. As Defendant B and C were the users of Defendant D, the contractor, and jointly and severally with Defendant D, to pay the Plaintiff KRW 9,863,00 as remuneration costs for rupture, etc. generated to the instant real estate during the construction of the instant building.

B. In the judgment of the contract, the contractor is on the contract or instruction.