1. Defendant C Co., Ltd.: (a) KRW 30,864,178 on the Plaintiff and 5% per annum from November 8, 2016 to December 19, 2017.

1. Basic facts

A. The Plaintiff is the owner of the building on the D ground in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Plaintiff’s building”), and is operating a convalescent hospital at all times.

B. From June 2015, Defendant B (hereinafter “Defendant C”) performed the construction of medical facilities of the third and nine stories above the ground surface and the nine stories above the ground surface (hereinafter “instant construction”). Defendant C Co., Ltd (hereinafter “Defendant C”) contracted the instant construction and completed the instant construction.

C. During the process of the instant construction project, damage, such as rupture, was inflicted on the Plaintiff’s building.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 7, 11 (including provisional number), Eul evidence No. 2, each appraisal result by appraiser G, the purport of the whole pleadings

2. The plaintiff's assertion

A. Damages equivalent to the repair cost due to the damage caused by vibration, noise, and drainage arising from the instant construction work, which were caused by cracks in the Plaintiff’s building. The amount of damages arising from the pertinent construction work is KRW 46,273,131 according to the appraiser G’s appraisal results. Thus, the said amount of damages is claimed.

B. In the construction process of the instant construction project, the Plaintiff suffered a loss of KRW 20,000,000 due to the decrease in sales, thereby significantly decreasing the number of persons in charge of health examinations on the hospital image due to the damage to the Plaintiff’s building during the instant construction project. As such, the Plaintiff first sought compensation for the said amount.

C. Ultimately, the Defendant is liable to compensate the Plaintiff for total amount of KRW 70,000,000 and damages for delay taking into account the total amount of the damages.

3. Determination

A. In the judgment of the construction contract for Defendant B, unless there is gross negligence on the contractor, the contractor is not liable for the damages incurred by the contractor to a third party (Article 757 of the Civil Act), and the contract or direction of the construction related to the instant construction to the Defendant B who is the owner of the construction.