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(영문) 서울남부지방법원 2018.04.17 2016가단45520

손해배상(기)

Text

1. The Defendant’s KRW 15,795,720 with respect to the Plaintiff and KRW 5% per annum from November 25, 2016 to April 19, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the 1st underground and 8th ground in Gangseo-gu Seoul Metropolitan Government building (hereinafter “instant building”) and the Defendant is the commencement of construction works for expanding disaster prevention facilities, such as the Gangseo-gu Seoul Metropolitan Government and the Yangcheon-gu Seoul Metropolitan Government Group C facilities.

B. From January 2015, the Defendant has been running the construction of the secondary construction of the said expansion project, which goes beyond the front of the instant building (hereinafter “instant road”) and the installation of tunnels and excavation works for six vertical sections, depending on the construction of tunnels installed underground (hereinafter “instant road”).

C. From April 2016, the instant construction was conducted in the vicinity of the instant building, and the vibration generated in the process led to the subsidence or melting of the ground around the instant road.

The Hyundai Marine Fire Insurance Co., Ltd. concluded a construction contract with the defendant as a collateral risk with the construction works of this case is determined to have suffered damage from ruptures caused by the construction works of this case, such as D apartment located immediately adjacent to the building of this case, and the above buildings were designated as an object subject to management requiring separate management, as well as the contribution rate for the damage caused by the construction of this case is divided into 10% to 90%, by dividing the neighboring buildings according to the distance from the road of this case by 1 to 8 and then dividing them by 10%.

E. In the instant building, there are defects such as rupture and damage of the brick brick wall installed on the right side boundary, melting, melting and destroying the brick wall part of the asphalt part of the fireproof part of the fireproof part of the fireproof part of the fireproof part of the fireproof part, and rupture and floors, walls, and underground floors, walls, and ruptures on the front part of the building, the rupture of the second floor toilet wall, the rupture, the rupture, and the breakage of the second floor toilet wall (hereinafter “instant defects”).

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence, the result of a request for appraisal to appraiser E by this court, the purport of the whole pleadings

2. Determination: