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(영문) 대전지방법원 2013.07.11 2012나12380

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. Facts of recognition;

A. A. Around July 2005, Defendant B entered into a contract with the Plaintiff for the construction work of constructing a wood 18 square meters in size C on the land of the 18th square meters (hereinafter “instant housing”) on the land of the Plaintiff, and delivered the Plaintiff after completing the construction work on January 2006.

In the process of construction, Defendant B was supplied with part of timber necessary for the structural construction from the Plaintiff’s side, and was employed by giving E daily allowances to the Plaintiff and required to perform structural construction, such as columns, beams, roof structures.

B. However, this case’s housing and concrete-based retaining wall’s floor area is 29 square meters away from the boundary, and is constructed at H in the Gongju-si, which is a river site, and it is impossible to create a building register of the instant housing.

C. From April 2008 to December 2009, Defendant Samdong Accounting Co., Ltd. (hereinafter “Yongdong Accounting”) made blasting operations to collect earth and stone from the instant housing in the first place located 180 meters away from the instant housing, in order to collect earth and stone. At the time of blasting, the maximum one unit powder per one unit powder was 64 km.

At present, there are defects such as the erode of toilet wall walls, ruptures, door-to-doors, ruptures of living room walls, ruptures of living room columns, tent-to-doors, suppressions of the external wall, ruptures and ruptures of the wall surface, and the direction of the investigation conducted at 10 places of outer wall is mixed with the left side and the right side, and 1/183 is the maximum direction.

[Ground of recognition] A without dispute; Gap evidence Nos. 2, 3, 5, 8, 10, 11, 15 (if any, including each number; hereinafter the same shall apply); Eul evidence Nos. 1; Eul evidence Nos. 1; Eul’s testimony or video; J (E’s “E” in the witness examination protocol in light of the evidence No. 14); the inquiry results on the public market of the court of first instance; the results of the first instance appraiser F’s appraisal of the public market of the court of first instance; the purport of the entire pleadings

2. Occurrence of liability for damages;

A. The plaintiff alleged by the parties 1, the defendant B is the housing of this case.