A. The Plaintiff is the owner who acquired the Plaintiff’s building on December 22, 1984 with the total floor area of 141.49 square meters, 73.39 square meters, 73.39 square meters, 2nd floor, 34.05 square meters, and 34.05 square meters for three floors, which actually is a four-story building with the total floor area of 175.549 square meters in brick in Jung-gu, Seoul (hereinafter “Plaintiff’s building”).

B. Defendant C (hereinafter “Defendant C”) contracted the construction period from May 1, 2014 to October 31, 2016, to Defendant B (hereinafter “Defendant B”) as a juristic person engaged in the business under the Trust Business Act, with the construction of the F Building on the 7th underground and the 26th ground level on one parcel outside Seoul Jung-gu, Jung-gu, Seoul.

C. Defendant B performed the construction work contracted to Defendant C (hereinafter “instant construction”) and Defendant C completed the registration of initial ownership on July 13, 2017 regarding the building that Defendant B constructed.

In the process of the instant construction, Defendant B performed the construction of underground base destruction on the new construction site from August 11, 2014 to June 19, 2015.

Meanwhile, the instant construction was conducted from the back of the Plaintiff’s building at approximately 15 meters away.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, Eul evidence No. 1 (in the case of evidence with provisional number, including one number without any separate indication; hereinafter the same shall apply), the result of appraiser G’s appraisal, the purport of the whole pleadings

2. As to the plaintiff's claim against the defendant C

A. The plaintiff's assertion asserts that since defendant C ordered construction work to defendant C and exercised specific direction and supervision over the progress and method of construction work, the plaintiff is liable for damages suffered by the plaintiff due to the tort committed against the plaintiff during the process of the new construction work.

B. As alleged by the Plaintiff, the contractor is not liable for the damages inflicted on a third party regarding the work.