A. The Plaintiff is the owner of the Plaintiff’s Government-si B land and the general steel structure reinforced concrete roof, which is a four-story factory building (hereinafter “Plaintiff’s factory building”).

B. Meanwhile, when Defendant A destroyed the relevant factory building due to a fire that occurred in the vicinity on May 10, 2012 while owning the Plaintiff’s factory building and the land adjacent thereto, Defendant A contracted for the construction of the building of the five-story reinforced concrete structure (hereinafter “instant construction”) to Defendant Thai Construction Industry Co., Ltd. (hereinafter “Defendant Company”) on April 1, 2013, with the construction cost of KRW 1.76 billion, the construction period of KRW 1.760 million, and the construction period of the building from April 15, 2013 to October 31, 2013.

C. Accordingly, the Defendant Company commenced the instant construction work on April 2013. Since around September 2013, the Defendant Company continued and completed the instant construction work without taking any particular measure, even though it received a new claim from the Plaintiff to the effect that “the instant construction work causes damage, such as the crack of a fence parking lot, soil outflow, etc., to the Plaintiff’s factory building.”

At present, the Plaintiff’s factory building includes ① rupture of the wall, ② rupture of the wall, ③ ground subsidence of the wall, etc. (hereinafter collectively referred to as “instant defect”). In this regard, appraiser D submitted to this court an appraisal statement to the effect that “The basic surface part of the Defendant’s factory building is adjacent to the wall of the Plaintiff’s factory building and the wall of the Plaintiff’s factory building, and was excavated in a depth of about 2m from 0.5 to 2.5m from the lower part of the wall, and thus, it is deemed that some vibration impact, etc. were transmitted at the time of construction, thereby causing damage to the wall.”

[Ground of recognition] A without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3-1-4, Gap evidence 5-1, 2, Gap evidence 6-2, Eul evidence 2, Eul evidence 2, Eul evidence 1-3, Eul evidence 5-1, Eul evidence 5-2, and appraiser's appraisal result.