손해배상(기)
1. Defendant E Co., Ltd.: (a) KRW 5,641,321 for each of the Plaintiffs and its related amount from April 10, 2018 to August 18, 2020.
1. Facts of recognition;
A. The Plaintiffs are shares owned by each 1/3 shares in relation to F. F. F. 1,046.9 square meters, G. 154.4 square meters (hereinafter “instant land”) and two hazardous materials storage and treatment facilities of reinforced concrete tanks on the above ground, and one-story 338.98 square meters and two-story 282.78 square meters of vehicle-related facilities (hereinafter “instant gas station building”).
The gas station building of this case was approved on September 28, 1982.
B. Defendant D is a project owner who newly constructed an officetel building with the size of 10 stories underground and 10 stories above 185.4 square meters on the land adjacent to the instant building, Nam-gu, Incheon Metropolitan City (hereinafter “instant officetel building”). Defendant E Co., Ltd. (hereinafter “Defendant E”) is a contractor who performed a new construction project under a contract for the instant officetel building from Defendant D with Defendant D (hereinafter “instant construction”).
C. Defendant E commenced the instant construction on December 3, 2015. From October 2017 to December 2012, 2017, Defendant E performed civil engineering works, such as installation of soil bags and ground-breaking works. The construction of reinforced concrete was implemented from around December 2017 to around June 2018.
After the completion of the instant construction, approval for use of the instant officetel building was completed on October 31, 2018.
Expert J has conducted an appraisal on whether defects have occurred in the instant gas station building and on the calculation of the repair cost. The first appraisal was submitted to the court on July 2, 2018, and the appraiser conducted an on-site investigation on May 31, 2018.
The second written appraisal was submitted to the court on April 29, 2019, and the appraiser conducted a field investigation on December 21, 2018;
The instant gas station building and the instant officetel building are concrete cracks caused by the subsidence of neighboring floors and bottom subsidence of the boundary line of the instant officetel building, and concrete due to the subsidence of concrete entrances to the third head of the building of the gas station of this case and the subsidence of the floor subsidence.