손해배상
Defendant Dae forest Industry Co., Ltd. shall pay to the Plaintiff KRW 25,887,680 and its amount from March 27, 2015 to November 24, 2016.
1. The facts below the foundation may be found either in dispute between the parties or in full view of Gap evidence No. 1, and in full view of the purport of the entire pleadings as a result of the appraiser C’s appraisal.
Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of a sports center building (hereinafter “Defendant building” or “new building”) newly built on the 5th underground and 7th ground surface on the 9th parcel of Eunpyeong-gu Seoul, and Defendant Dae Forest Industry Co., Ltd. (hereinafter “Defendant Dae Forest Industry”) is a construction contractor that constructs the said building (hereinafter “instant construction”) between December 10, 2013 and June 15, 2015 upon being awarded a contract with Defendant B for the construction of the said building.
B. The Plaintiff is the owner of Eunpyeong-gu Seoul E land (hereinafter “Plaintiff’s land”) and its ground brick and sap and sap and the second class neighborhood living facilities building (hereinafter “Plaintiff’s building”) adjacent to the Defendant building, and has been residing in the Plaintiff’s building since before the instant construction work.
C. The Defendant’s building is 2.93m on the left-hand side of the Plaintiff’s building, 2.54m on the back-hand side, and its location is as follows:
2. Summary of the parties’ assertion
A. The Defendants asserting that the Plaintiff’s assertion jointly caused damage to the Plaintiff’s building due to vibration and ground infringement that occurred during the instant construction, and ② the lease contract with Nonparty F, who was the lessee of the Plaintiff’s building, was terminated even after the termination of the construction contract due to vibration, noise, dust, frackion, etc. generated during the instant construction, and thus, the relevant part of the building has not been leased even after the termination of the lease contract. The amount equivalent to the rent for the first time, ③ Defendant Dae forest industry destroyed sewage pipes and mobilized services during the instant construction process, and detained the Plaintiff by mobilization of sewage pipes, and the compensation for damages caused by the Plaintiff’s emotional distress, noise, dust, fallen dust, etc. due to other construction, and ④ Defendant building.