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(영문) 서울북부지방법원 2018.01.23 2016가단144208
손해배상(기)
Text

1. The Defendant’s KRW 11,449,00 for the Plaintiff and 5% per annum from December 19, 2014 to January 23, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a building with one story underground and four stories above ground located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, 177.2 square meters (hereinafter “Plaintiff’s building”), and is operating a C-type outdoor department at that place.

B. From November 2014, the Defendant: (a) performed a new construction work on the land of Dongdaemun-gu Seoul Metropolitan Government D large 962.3 square meters adjacent to the Plaintiff’s building (hereinafter “instant construction”); and (b) completed the instant construction work around 2016.

C. During the process of the instant construction project, vibration and noise occurred therefrom, and damage such as rupture was inflicted on the inside and outside walls of the Plaintiff’s building.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 8, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Plaintiff suffered damages equivalent to the repair cost due to the damage caused by rupture, etc. in the Plaintiff’s building due to vibration and noise generated from the instant construction work, and the amount of damages arising from the causal relationship with the instant construction work is KRW 13,220,00 according to the appraiser F’s appraisal, and thus, the Defendant is entitled to compensation for the said amount.

B. According to the evidence and the purport of the entire pleadings as seen earlier, the “Classification” of the cost account statements in the attached Table is indicated individually in the form of “the outside” when each of the items is individually referred to.

As seen above, it is recognized that remuneration is necessary due to the external stairs shooting, paralysis, etc. of the Plaintiff’s building. Also, the following are recognized by comprehensively considering the evidence mentioned above, the fact-finding results on appraiser F of this court, and the overall purport of the pleadings. ① The Plaintiff and the Plaintiff’s employees continuously file a civil petition with the Dongdaemun-gu Office from February 2, 2015, where the construction of this case was commenced, on the grounds of noise, vibration, etc. caused by the construction of this case, and ② the public officials in charge of Dongdaemun-gu office office from March 6, 2015.

5. The result of measurement of noise at the construction site of this case until 19.

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