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(영문) 춘천지방법원강릉지원 2015.06.16 2013가단22931
손해배상(기)
Text

1. The Defendant: KRW 8,740,152 to the Plaintiff; and KRW 5% per annum from November 9, 2013 to June 16, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the owner of B underground and 2nd floor in the East Sea (hereinafter “instant building”), is operating a fireworks house in the instant building along with his wife C, and the Defendant, as a local government, installs and manages waterworks within its jurisdiction.

B. From October 1, 2012 to June 6 of the same month, the Defendant carried out the project to replace valves (hereinafter “instant construction”) that adjusts the interior blocking walls on the road in front of the instant building to regulate the flow of water inside the pipe by controlling the inner blocking walls.

From 23:00 to 10 hours on the 1st of the same month, the defendant performed excavation works from 13:00 to 15 hours on the 3th of the same month, and the same month.

6. Implementation of packing restoration work and completion of the work.

The excavation size of the front road of the instant building was three meters in width, two meters in length, and two meters in depth.

C. The current status of the instant building was directly adjacent to the instant construction site, and around April 26, 1993, the instant building was constructed as the 56.50 square meters per floor, 56.50 square meters per floor, 2nd floor, and 46.42 square meters per floor as the 2nd lux roof of reinforced concrete lux roof around April 26, 1993.

On October 18, 2010, the Plaintiff, while operating the fireworks in the instant building, expanded the first floor to the outside, expanded the business space, performed a stone construction work for stairs and expansion parts, and performed an external creative frame, glass installation work, and signboard construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, results of field inspection by this court, results of an appraiser D's entrustment of appraisal, results of each request for supplementation of appraisal, the purport of the whole pleadings

2. Establishment and scope of liability for damages;

A. With regard to the claim of the cost of the 10th Tropical and rupture restoration work and the cost of the front glass repair work, the purport of this court's on-site inspection results of appraiser D, the result of the appraisal entrustment to appraiser D, and the result of the request for appraisal supplementation and supplementation of appraiser D

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