손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 70,257,600 and the interest rate of KRW 15% per annum from May 30, 2018 to the date of complete payment.
1. Facts of recognition;
A. The Plaintiff is the owner of Gangnam-si building C, D, E, and its ground Aridges (hereinafter “instant building”), and the Defendant is running construction works to build an I hotel with the size of the first underground floor and the fifth floor above the adjacent F, G, and H ground.
B. The instant building consists of Main Sub-sections, Section 1, Section 2, and Section 5, and this Sub-section was constructed on 1966, and the remaining appurtenant buildings were constructed from 1980 to 1984.
C. Around April 13, 2016, the Defendant started excavation works and excavated land in depth of 15.2 meters underground. Of the instant building, the straight line up to the end of the main stairs is 7 meters.
In the process of construction, there were defects such as a new heat or an expansion of rupture on the joint surface of the outer wall of the building of this case and the part of the asphalt, and a defect such as a rupture opening and closing failure, a rupture destruction of outer wall, a rupture of fence, etc.
[Ground for Recognition: Facts without a partial dispute, entry of Gap evidence 1 through 4, each of Gap evidence 5 and 6, each of the appraisal results by appraiser J, the purport of whole pleadings]
2. According to the above fact of recognition of liability for damages, since the defendant violated his duty to prevent defects in adjacent buildings in the course of performing construction works, thereby causing damage to the plaintiff, it is liable to compensate for damages caused by tort pursuant to Article 750 of the Civil Act.
3. Scope of liability for damages
A. The Plaintiff’s property damage resulting from the determination of the cost of repairing defects is the amount equivalent to the cost of repairing defects that occurred in the building of this case. Thus, according to the result of the appraiser J’s appraisal, it can be recognized that the cost of repairing defects is KRW 82,656,00 (excluding value-added tax) as shown in the attached Form, and contrary thereto, it is difficult to believe that the statement in Eul’s evidence No. 1 is contrary thereto.
The plaintiff is subject to value-added tax on the above remuneration cost.