2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

A. The plaintiffs are the successors of Dong K (Death February 20, 2008) who are the owners of the G ground buildings in Jung-gu Seoul Metropolitan Government (hereinafter "the plaintiffs' building"), and the defendant is the building owners of H and I ground buildings in Jung-gu Seoul Metropolitan Government adjacent to the plaintiffs' building (hereinafter "the building in question").

B. On March 20, 2007, the Defendant awarded a contract for the new construction of the instant building on the third floor and third floor above ground (the name of construction work: Lins construction work; hereinafter “instant construction work”) of the third floor above ground to the construction cost of KRW 1,460,00,000 (which is separate from ground destruction, crushing, and transport cost). He started the instant construction work on April 1, 2007 and obtained approval for the use of the instant building on February 6, 2009.

[Ground for Recognition: Facts without dispute, Gap's evidence Nos. 1, 2, 3, 14, Eul's evidence No. 1, the purport of the whole pleadings]

2. The plaintiffs' alleged interest in the construction of the ground destruction project in this case did not adopt sufficient ground inspection and appropriate construction methods, resulting in severe cracks in the plaintiffs' buildings and their parking lots due to vibration, etc.

Therefore, as to the above illegal acts, the defendant is liable for the employer under Article 756 of the Civil Act, and as long as the above damages have occurred due to the vibration, etc. that occurred at the defendant's workplace, the defendant is liable for the damages to the business operator regardless of the cause attributable to him pursuant to Article 31 (1)

3. Determination

A. (1) In principle, the contractor is not responsible for compensating the damages incurred by the contractor to a third party (the main sentence of Article 757 of the Civil Act), but the contractor is responsible for the gross negligence on the contract or instruction (the proviso of Article 757 of the Civil Act) and in the form of the contract, but actually the contract is concluded.