손해배상(기)
1. Defendant D Co., Ltd.: KRW 1,583,720 for the Plaintiff and 5% per annum from February 5, 2017 to May 1, 2019.
1. The Plaintiff is a co-owner who owns 3/10 shares of the building on the first floor and the sixth floor above the ground in Suwon-si, Suwon-si (hereinafter “instant existing building”).
The plaintiff operates the "H hotel" in the existing building of this case with three remaining co-owners.
around 2012, Defendant C’s clan (hereinafter “Defendant C’s clan”) awarded a contract to Defendant D Co., Ltd. (hereinafter “Defendant D”) for the construction of a new hotel building (hereinafter “instant new building”) of the second and the 12th floor above ground (hereinafter “instant construction”) in Suwon-si, Suwon-si, one adjoining to the instant building.
(hereinafter “instant contract”). Under the instant contract, the following Articles 15 (Liability for Damages) 15 (Liability) 1, 15 (Liability for Damages), where the subject matter of the construction project or any damage was incurred to a third party due to a cause not attributable to Gap and Eul before the subject matter of the project is delivered to Gap.
Provided, That where there is a cause attributable to A, or where damage has occurred to A or a third party due to a cause not attributable to B or B during the takeover delay, it shall be borne by A.
(2) Where any damage is incurred to the objects of construction works or to any third person due to a cause not attributable to Gap or Eul during the inspection period of the objects of construction works, the decision shall be made through consultation with Gap and Eul, unless otherwise agreed
(4) B shall compensate for any loss inflicted on others by roughly executing subcontracted construction work on purpose or by negligence.
There are the same contents.
Defendant B is the representative of the Defendant clan, and Defendant E Co., Ltd. (hereinafter “Defendant E”) was the supervisor of the instant Corporation.
A supervisor of the instant construction project was changed to J Co., Ltd. around 2015.
The defendant clan, around February 2, 2015, entered into a joint agreement with the defendants' assistant intervenors (hereinafter referred to as " intervenors") and transferred the business rights related to the Corporation of this case to K, and the defendant clan shall hold the shares of K.