A. The Plaintiff is the owner of Seongdong-gu Seoul, Seongdong-gu, building B, building with three floors above ground and its appurtenant buildings (hereinafter “instant building”). The Defendant is a construction company that performs construction of F building with five floors below ground and 12 floors above ground (hereinafter “instant construction”) in Seongdong-gu Seoul, Seoul, with its neighboring Seoul, with a contract for construction of the F building with the size of five floors below ground and the size of 12 floors above ground.

B. On November 201, 201, the Defendant commenced excavation works and excavation works for the purpose of performing the instant construction, and due to vibration, ground subsidence, etc. arising during the construction, rupture, whiteization, water leakage, and tyreing phenomenon, etc. of the instant building owned by the Plaintiff.

[Ground of Recognition] A’s non-contentious facts, Gap’s evidence 1-2, Gap’s evidence 2-1 through 3, Gap’s evidence 3-1 through 3, Gap’s evidence 4-1, 2, Gap’s evidence 5-1 through 4, Gap’s evidence 6-1, 2, Gap’s evidence 7, Gap’s evidence 8-1 through 4, Gap’s evidence 9, Gap’s evidence 10-1, 2, Eul’s evidence 11-1 through 4, Eul’s evidence 13, Eul’s testimony and video, Gap’s evidence 1-1-1, Eul’s evidence 13, G testimony, results of the appraiser’s appraisal, fact-finding with respect to appraiser G, and the purport of the whole pleadings as a whole.

2. Determination

A. Comprehensively taking account of the facts acknowledged as above and the evidence revealed earlier, the Defendant, when performing the instant construction, prepared safety measures to prevent ground subsidence and rupture of the instant building, which is an adjacent building, from occurring, and started the construction work after conducting preventive construction work, and caused the cracks and water leakage of the instant building by using inappropriate construction methods, and thus, barring special circumstances, the Defendant is liable to compensate the Plaintiff for the damages incurred by the instant construction.

On July 24, 2013, the Defendant agreed with the Plaintiff to bring an action, and even if the Plaintiff’s intent at the time did not reach an agreement to bring an action, the Defendant shall claim damages related to the instant construction.