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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 8, 2011, the Plaintiff entered into a contract with the Defendant on the land outside Ulsan-gu, Ulsan-gu, and four parcels, with the construction amount of KRW 4.1 billion (in addition tax separate), from April 25, 2011 to March 25, 2012; the construction amount of the construction amount of KRW 3.3 billion (including additional tax) around April 25, 201; and the construction period of the construction from May 6, 2011 to March 30, 2012.
(hereinafter referred to as the above contract of this case and the construction pursuant thereto shall be the Corporation.
On May 16, 2011, the Defendant requested the Plaintiff to increase the construction cost and the construction cost following the design modification in accordance with the design finalized drawings on August 8, 201, while starting construction work on May 16, 2011, and only performed 7-8 meters in depth, but did not reach an agreement with the Plaintiff, the Defendant settled the construction cost according to the design finalized on August 26, 201, and continued to select another construction business operator from October 201 to continue to do so.
C. D owned a 6th floor building on the ground of F (hereinafter referred to as an adjacent building) in Ulsan-gu, Ulsan-gu, one adjacent to the construction site. However, as a result of the safety diagnosis conducted on June 201 and around October 10 of the same year before and after the construction of the said site (hereinafter referred to as the “first safety diagnosis”) on the adjacent building, it was confirmed that the damage, such as the outbreak or expansion of heat on the floor and fence of the adjacent building, compared to the first safety diagnosis, was caused by the second safety diagnosis.
Accordingly, D filed a civil petition with the competent Gu office for the suspension order of the instant construction. On May 11, 2012, the Plaintiff, who was waiting for the approval of the use of the building, agreed to pay D KRW 60,000,000 as damages and consolation money due to the instant construction and not to file a claim for damages to neighboring buildings due to the instant construction in the future.
[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-9, Eul evidence 1-4.