손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the second floor store and the housing building located on the ground of Busan Seo-gu D (hereinafter referred to as the “Plaintiff’s previous building”).
B. Defendant C Co., Ltd. is the owner of a construction project that constructs a new neighborhood living facility of the size of 1st underground and 8th ground on the land surface, which is adjoining to the Plaintiff’s previous building, and Defendant C Co., Ltd (hereinafter “Defendant C”) was the contractor of the said construction project, and the construction has been carried out from September 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1-1-5, entry of Eul evidence 1, the purport of whole pleadings
2. On November 2015, the Defendants asserted that the Defendants undertaken the construction of the ground-breaking to construct the Defendants’ previous buildings in the vicinity of the Plaintiff’s previous building. As a result, the crack and subsidence of the Plaintiff’s previous building led to a serious progress, leading up to the collapse immediately before the Plaintiff’s collapse.
As the Plaintiff demanded countermeasures and the preparation of compensation, the Defendants promised to construct a new building at cost, and the Plaintiff believed the said promise and removed the Plaintiff’s previous building.
Nevertheless, the Defendants were unable to prepare a contract form, and the Plaintiff entered into a contract with the Sejong Construction Co., Ltd. (hereinafter referred to as the “Scenic Construction”), which was recommended by Defendant C, and subsequently constructed a new building (hereinafter referred to as the “Plaintiff’s building”), and paid KRW 456 million of the construction cost (excluding value-added tax) to the Sejong Construction.
First, according to the appraisal result of appraiser F (hereinafter referred to as appraiser), the net construction cost related to the Plaintiff's new construction work is KRW 405,118,00.
The Defendants are jointly and severally liable to pay KRW 50,882,00,00 (=456 million - 405,118,000) which deducts the above net construction cost from the construction cost of the Sejong Construction.
1. Preliminaryly, the Plaintiff’s arbitration around April 2016, 201, i.e., the Defendants and the construction cost of KRW 47.5 million =.