손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a party’s position 1) The Plaintiff is a cement block structure, cement block structure, and ground-based pent roof structure (hereinafter “Plaintiff’s housing”).
(2) Around March 28, 2017, the Defendant started construction of the building for the 5-story detached houses and the 2-class neighborhood living facilities (hereinafter “Defendant building”) on the ground adjacent to the 368 square meters adjacent to the 368 square meters of the above E, and completed the said construction work around December 7, 2017.
After December 19, 2017, the registration of ownership preservation has been completed in the name of F, the mother of the defendant with respect to the defendant building.
B. The roof structure of the Plaintiff’s housing and the Defendant’s building is identical with the roof plan of the Plaintiff’s housing. The upper part of the Plaintiff’s housing roof B1 (hereinafter “attached Form”) and the Defendant’s building are adjacent thereto, and each roof part is adjacent thereto. Since the site of the Plaintiff’s housing and the Defendant’s building is in contact with each other, the wall of the Defendant’s building is installed at a distance of less than 2 meters from the boundary.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 3 (including paper numbers, hereinafter the same as the same), the purport of the whole pleading
2. Summary of the parties' arguments
A. The Defendant, while performing the new construction of this case, neglected to perform due care so that construction materials such as pumps-pin do not fall, and damaged the roof of the Plaintiff’s housing by neglecting such duty of care intentionally or by negligence. During the new construction of this case, the roof of the Plaintiff’s housing was damaged by the Defendant’s work executor employed by the Defendant.
Therefore, the defendant is liable to pay the plaintiff 6,587,875 won for the repair cost for the roof of the plaintiff's house as compensation for damages caused by a tort under Articles 750 through 756 of the Civil Act.
B. The number of years elapsed for the Plaintiff’s housing roof.