손해배상(건)
Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the cases cited in paragraph 2. Thus, it shall be quoted in accordance with the main sentence of Article 420
2. Part 3, column 7, “construction cost of KRW 115,500,00” shall be adjusted to “construction cost of KRW 115,00,000”.
A. Determination on the claim for the cost of reinforcement of the retaining wall of this case (Articles 5, 20 to 7, 15) is as follows.
“A. Determination of the claim for the cost of reinforcement of retaining walls of this case 1) The construction of a new building is inevitably accompanied by earth construction, such as ground-breaking, etc., and there is a risk of damage, such as equal heat generation of neighboring buildings, structures, etc. or ground subsidence of neighboring sites due to vibration, etc. caused thereby, so the owner of the construction has the duty of care to take sufficient preventive measures in advance or to construct the building in an appropriate way so as not to cause damage to neighboring buildings, structures, etc. during the construction process.
Comprehensively taking account of the overall purport of arguments and arguments as to the records and images of evidence Nos. 2, 4, 6, 8, and 4, and Eul evidence Nos. 4, and each fact-finding with respect to E Co., Ltd. of this Court, the defendant from around December 2015, conducted earth and sand construction for the construction of the building of this case, and there was a phenomenon such as rupture and distribution oil in the retaining wall of this case around April 2016 when the defendant performed the construction of this case. The defendant did not conduct a preliminary investigation with respect to the retaining wall of this case, several buildings adjacent to the construction site of this case before the commencement of the construction of this case. The defendant confirmed a civil petition several times from the competent authority on April 1, 2016, and from August 31, 2016 during the construction period of this case, and confirmed the site on several occasions due to the construction of this case, and there is a threat of safety measures, such as the distribution of heat in the retaining wall of this case.