손해배상(자)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion asserts that the Defendant, from around October 2013, in the course of executing construction of a new building on the land of Songpa-gu Seoul Metropolitan Government and D (hereinafter “instant construction”) from around October 2013, the Plaintiff claimed damages for totaling KRW 169,126,468 against the Plaintiff, who operates a restaurant “F” on the first floor of the neighboring E-ground building (hereinafter “instant restaurant”) incurred damages as follows.
From Oct. 2013 to Nov. 201, 2013, the Defendant installed a luculation in the construction site of this case and on the boundary line of the restaurant of this case. The luculation cut off the view of people who approach the wind installed at a volume of 7 meters away from the restaurant of this case, making it difficult to find the restaurant of this case.
B. In addition, as the parking lot and the adjacent delivery car of the instant restaurant are occupied by the vehicles such as large trucks and freight cars used for the instant construction, customers who find in the instant restaurant were unable to enter the instant restaurant or park in the vicinity thereof, and people became free of access due to tensiond construction vehicles.
C. From January 15, 2014 to April 8, 2014, due to the failure to take a soundproof-proof measure, excessive noise and vibration were generated. As a result, not only the customers and employees of the instant restaurant suffered from the pain but also the leakage phenomenon occurred in the underground organization room among the instant restaurants.
Even though the sewage control of the building occupied by the instant restaurant was damaged due to the instant construction, the instant restaurant did not repair it for at least 15 days, and the instant restaurant emitted malodor therefrom. During the construction process, the Internet connection line used by the instant restaurant was not used by the Defendant’s employee by the credit card settlement terminal using the Internet at the wind of the Defendant’s employees.
E. The instant case.