손해배상(기)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in paragraphs (1) and (2) of Article 420 of the Civil Procedure Act, except where the court cites the reasoning of the judgment of the court of first instance or adds a part of its explanation. Thus, the court cites this case pursuant to the main text of Article 4
The fifth part of the judgment of the court of first instance, “A. Plaintiff’s assertion”, is written as follows.
A. (1) The Plaintiff’s assertion (1) was a contractor, and the Defendant has a duty of care to take appropriate measures to prevent damage to the housing and land owned by the Plaintiff located in the vicinity of the construction work, and to carry out the construction work without neglecting the duty of care to prevent damage to the housing and land located in the vicinity of the construction work, thereby causing damage to the wall spawn of the instant housing and ground subsidence of the instant land.
Furthermore, the property damages suffered by the Plaintiff due to the ground destruction work of this case are KRW 260,040,000 for reconstruction costs of the housing of this case, KRW 28,65,00 for the ground reinforcement work of this case, and KRW 11,715,460 for the value of the articles left within the house at the time of demolition of the housing of this case, and KRW 300,410,410,460 for consolation money.
Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 320,410,460 (property damages amounting to KRW 300,410,460) and damages for delay.
(2) Unless there is a gross negligence on the contract or instruction, the Defendant contractor is not liable for damages incurred to a third party regarding the relevant work, and the Defendant did not comply with the F and design drawings and did not have agreed to perform the instant construction work on the ground that there was no gross negligence on the part of the Defendant.
The following shall be added to “the occurrence of liability for damages” under the fifth sentence of the first instance judgment:
Article 757 of the Civil Code is about the day of the contractor.