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(영문) 서울북부지방법원 2020.12.16 2018가단19948

손해배상(기)

Text

The defendant shall pay to the plaintiff A KRW 10,510,784, KRW 2,102,157, and each of them shall be from October 20, 2018 to December 20, 202.

Reasons

1. Facts of recognition;

A. Plaintiff A and B operate the “EMoel” in the instant building as the co-owner of the building “the instant building” on the ground of Seoul Jung-gu D.

With respect to the building of this case, Plaintiff A owned 5/6 shares, and Plaintiff B owned 1/6 shares.

B. From September 13, 2017, the Defendant is “the instant construction work” with the size of 15 stories above the ground surface on the Furine adjacent to the instant telecom.

[The facts that there is no dispute over the basis for recognition, Gap evidence 2, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant’s summary of the Plaintiffs’ assertion caused damages to KRW 15,766,176 due to the instant building and site subsidence works and file works among the instant construction works, and the damages to KRW 15,76,176 due to the damage, such as equal heat, etc.

In addition, due to noise, vibration, etc. caused by the construction of the building of this case, there was business damage and mental damage equivalent to KRW 20,000,000, in receipt of a notice from the Mourbs of the building of this case or a request for refund.

Therefore, the Defendant is obligated to pay Plaintiff A KRW 29,805,147, and KRW 5,961,029 to Plaintiff B, as well as damages for delay from September 14, 2017, which is the beginning date of the instant construction work.

B. The gist of the Defendant’s assertion is that the Plaintiff’s intrusion and rupture claimed were existing, not the construction of the instant case.

3. Determination

(a) Determination number repair expenses for claim for property damage, and 8,264,837 2 access road surface 243,1893,1893, 91,894, 251,05, 3016 drabs, ews, shocks, fall short of 251,89,89, 255, 3016 drabs, ews, ews, ews, ews, ews, ews, f24, 9988, 35,64, 6749, 165, 35,64, 676, 197, 1967, ews, ews, ews, ews, ews, ews, ews, ews, ews, ews, ews.