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(영문) 부산지방법원 2016.09.22 2014가단253459

손해배상(기)

Text

1. The Defendants jointly share KRW 31,097,945 with respect to the Plaintiff and KRW 5% per annum from November 6, 2014 to September 22, 2016.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of selling and repairing the second floor and underground floor of the building located in the 158-5, Suwon-dong, Busan, Busan, for the purpose of selling and repairing the second floor of the second floor of the building in question (hereinafter "the building in this case") and the first floor of the building in this case has been used as the exhibition and store of the Otoba, and the underground floor has been used as the warehouse storing the parts of the Otoba and the products of customers.

B. The Defendants, on November 2014, are the implementation company and the commencement company of the new construction of a residential officetel, which was newly built on the land located on the land of 158-4, Suwon-dong, Busan, the immediate adjacent to the instant building.

C. On November 5, 2014, around 09:50, on the underground floor of the instant building, water was at least 30cm and water was continuously stored in the wall crepans of the instant building. The Defendants’ employees, who had been engaged in the removal of the existing buildings for the construction of officetels buildings from the adjacent to the instant building, removed water located on the underground floor of the instant building through the distribution pumps.

On the following day, the underground floor of the building of this case occurred once again, and the employees of the defendants have removed water flowing into the underground floor using the drainage pumps as shown in the preceding day.

[Ground of recognition] A without dispute, entry and video of Gap evidence Nos. 1, 2, 6, and 8 (including branch numbers, if any; hereinafter the same shall apply), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred when the Defendants carried out the removal work of an officetel on the land immediately adjacent to the instant building in order to reduce scattering dust without any particular safety measures, and that water flows into the underground floor through the wall, etc. of the instant building.