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(영문) 서울중앙지방법원 2016.02.03 2014가합38215 (1)

손해배상(기)

Text

1. From August 31, 2013 to February 3, 2016, Defendant U-S. Development Co., Ltd.: (a) KRW 728,459 to the Plaintiff and its related amount.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Gangnam-gu Seoul Gangnam-gu D ground reinforced concrete structure's four-story neighborhood living facilities and housing (hereinafter "the building of this case"). Defendant B is the owner of the E and F land adjoining to the above building, and Defendant U2 Industry Development Co., Ltd. (hereinafter "Defendant Company") is the owner of G and H land (hereinafter "the land of this case")

B. On April 2013, Defendant B and C contracted the Defendant Company with the construction of an I building with the size of 2,66,000 square meters of underground floors, 2,352.46 square meters on the instant land (hereinafter “instant building”) on the instant land. From the 29th of the same month, the Defendant Company destroyed the previous building on the instant land and completed the construction of the instant building on April 30, 2014 after construction of the instant building on the ground.

C. On the rooftop of the building No. 1 of this case, two electric power generation facilities using 3kw solar energy (hereinafter “instant solar power generation equipment”) are installed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff Defendants did not take sufficient safety measures in the course of underground excavation for the construction of the building 2, thereby causing damage to the building 1 of this case owned by the Plaintiff, which caused rupture and water leakage. As a result of the construction of the building 2 of this case, the volume of sunlight generation to the building 1 of this case decreased due to the construction of the building 2 of this case, thereby causing damage to the utility value of the solar power generator due to the decrease in the quantity of solar power generation to the building 1 of this case. The Plaintiff suffered various inconvenience in life exceeding the tolerance limit and severe mental

Therefore, the Defendants, as joint tortfeasor, jointly and severally, shall be KRW 100,100,00 (= partly 80,100,000 out of the amount of repair costs and the amount of loss of utility value for solar power generation (the Plaintiff is the complaint of this case) to the Plaintiff.