beta
(영문) 대구지방법원서부지원 2016.01.13 2014가단7715

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 49,798,400 won and each of them shall be from March 29, 2014 to January 13, 2016.

Reasons

1. Basic facts

A. On September 28, 1974, the Plaintiff was the owner of the building B B B, 2324 square meters in Daegu-gu, the Plaintiff constructed a reinforced concrete structure 148.5 square meters in a single-story factory (148.5 square meters in that building was removed on May 13, 2004 and now 675 square meters in that building; hereinafter “instant building”) on the said ground, and was a person who operates a branch factory in the said building; Defendant Seohee Construction Co., Ltd. (hereinafter “Defendant Seohee Construction”) (hereinafter “Defendant Seohee Construction”) was a Si construction work that newly constructed a multi-family apartment in the Daegu-gu, Daegu-gu, Seoul, which is adjacent to the said land; and Defendant New Young City Development Co.,, Ltd. (hereinafter “Defendant New Urban Development”) was a company that subcontracted the said construction work among the said construction works.

B. Around October 2010, Defendant New Young City Development commenced underground excavation works to build the above apartment underground parking lot (hereinafter “instant construction”). From March 201, the Plaintiff asserted that the instant construction works led to cracks in the instant building due to the instant construction works, and filed several civil complaints with the Defendants and the competent authorities, the Daegu-gu Office, Daegu-gu Office. Accordingly, Defendant Seo Young Construction submitted a plan to take measures to ensure that the Defendants would reinforce the walls and repair the floor of the instant building upon consultation with the Plaintiff on March 16, 201 and April 21, 201.

C. On June 20, 201, Defendant New Young City Development agreed to the Plaintiff as the cycle of the crack repair and drainage construction of the instant building by means of ground reinforcement, routing, and rupture rupture, and prepared and issued a “repair Certificate” with the same content.

As a result of the appraisal of the building of this case, Defendant New Young City Development had been built with the “H-type jumtop jums construction methods” at the time of the construction of this case, and the above construction methods allow the outflow of groundwater instead of the construction cost, compared to the concrete jums construction methods, so it is highly likely that the ground pressure may occur as the ground pressure is weak, and the surrounding ground is likely to occur.