공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. A. Around July 2016, the Plaintiff was awarded a contract with C (State) for the construction of a civil and warehouse building for D and E land in the East Sea (hereinafter “instant construction”).
B. The Defendant is the owner of F and G land in the East Sea in the vicinity of the construction site.
(hereinafter referred to as “Defendant’s land” is added to the above land.
The Plaintiff opened a road while carrying out the instant construction, and newly built a concrete retaining wall on the road installed and the boundary line of the Defendant’s land.
The Plaintiff brought in and stockpiled soil on the Defendant’s land (consected with retaining walls located on the upper boundary line) and thereafter carried out molding and flat work against the said earth and sand (hereinafter “instant work”) after the concentration around the end of August 2017.
The expenses incurred in the instant work are 1.6 million won (booms and dump trucks usage fees).
E. (1) Around August 2017, at the same time, there was a large amount of H Dong Dong-dong, and there was a civil petition filed by the Defendant and I to the effect that when soil was introduced into the house of I adjoining the Defendant’s land and the Defendant’s land (which is located below the Defendant’s land), the Defendant and I suffered damages due to the instant construction works at the same time in the Dong Sea. (2) A public official in charge requested the Plaintiff to check the current state of damage, to check the current state of damage, and to conduct prompt restoration works, such as the removal of soil sugars, and accordingly, the work was conducted by adding a fluor to the I-owned land.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 8, Eul evidence 1-1, 2, Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings and arguments
2. Summary of the parties' arguments
A. At the request of the Defendant, the Plaintiff: (a) transported earth and sand generated in the construction process of the instant case to the Defendant’s land; and (b) returned and flated soil to the Defendant’s land.
Therefore, the defendant is equivalent to the work cost of this case.