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(영문) 창원지방법원 2019.06.27 2018가단108127

손해배상(기)

Text

1. The Defendant: (a) KRW 10,849,300 for the Plaintiff and 5% per annum from May 22, 2018 to June 27, 2019; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The relevant Plaintiff is the owner of Changwon-si’s counter C large 240 square meters and 84.48 square meters of a multi-story housing unit (hereinafter “instant housing”) in Changwon-si, Changwon-si. The Defendant is a company that performed construction works for the second-class neighborhood living facilities of the fourth floor (hereinafter “instant construction works”) with a contract from the owner of the D large 598 square meters of the window of Changwon-si, Changwon-si adjacent to the said land.

B. The Defendant started the instant construction around November 12, 2017 and completed around June 2018. 2) The Plaintiff’s wife F filed a civil petition against the occurrence of rupture, etc. in the instant housing due to the instant construction work with the competent administrative agency from December 2017, and the owner of the instant building or the Defendant’s field agent, etc. presented a notice to the owner of the instant building or the Defendant’s site agent, etc.

3) On December 12, 2017, the person in charge of the headquarters of the Changwon-si Branch visited the site and investigated the site, and the Defendant’s on-site agent promised to pay equal parts. (c) The owner of the instant construction project who filed the Plaintiff’s lawsuit is responsible for the Defendant, and the Defendant’s on-site agent did not comply with the payment commitment. The Plaintiff filed the instant lawsuit (based on recognition).

each entry, the purport of the whole pleading

2. The parties' assertion

A. Since the Plaintiff’s construction work caused damage, such as rupture, etc., to the instant house, the Defendant, the contractor, is obligated to pay 31,000,000 won as compensation for damages equivalent to the repair cost, and delay damages therefrom.

B. The Defendant did not set up a ground-breaking work, but did only build the foundation of retaining walls by breaking concrete along the boundary line of the site. As such, the vibration generated from the instant construction did not cause damage, such as rupture, to the instant housing.

(e).