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(영문) 서울서부지방법원 2016.04.28 2014가합9458

손해배상(기)

Text

1. The Defendants jointly share KRW 584,192 with Plaintiff C, and 5% per annum from April 8, 2016 to April 28, 2016.

Reasons

1. In full view of the purport of each argument in Gap's evidence Nos. 1, 2, 8, and 9 (including branch numbers; hereinafter the same shall apply) as a whole, defendant D is a project owner who performs construction work of removing existing buildings on the land outside Mapo-gu Seoul and 3 parcels and newly constructing officetels of the size of 6 underground and 16 stories above the ground (hereinafter the above construction referred to as "the instant construction work," and the building of the newly constructed officetel is referred to as "the instant construction work"), defendant Sung Jin Total Construction Co., Ltd. is a contractor awarded the above construction contract with defendant D, and the plaintiffs owned a building on the adjoining site of the above construction work, and the location of the building owned by the plaintiffs is as listed below.

[Attachment 1] Seoul Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul 3 C H

2. Determination on the cause of the claim

A. In the process of the Defendants’ claim execution of the instant construction, there was noise exceeding 65dB, which is the standard for regulating living noise in a residential area, in the process of the construction of the instant construction, <2> there was considerable vibration at the time of the construction, <3> there was a crack and water leakage phenomenon in the building owned by the Plaintiffs due to the excavation of underground, ④ the right to sunshine of the Plaintiffs is infringed upon as the building of this case was constructed on the 16th floor, and ⑤ the building owned by the Plaintiffs was directly viewed within the building, and the privacy is infringed by allowing the Plaintiffs to directly view the building. However, the Defendants agreed with the Plaintiffs to repair and compensate for the damages incurred by the Plaintiffs, and to compensate for the damages suffered by the Plaintiffs due to noise and dust generated by the construction of this case. The Defendants are obligated to pay the amount of money written in the claim for compensation to the Plaintiffs in accordance with the above agreement.