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(영문) 서울남부지방법원 2018.12.18 2016가단265546
손해배상(건)
Text

1. The development of the so-called “Defendant Lan Industrial Development” means KRW 15,829,118 against the Plaintiff and its related expenses from July 30, 2016 to December 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff owned each of the above D and E-ground buildings in the Nam-gu Incheon Metropolitan City (hereinafter “instant housing”) and Defendant B owned the above D and E-ground buildings.

B. On January 2016, Defendant B entered into a contract on the removal of the foregoing building and multi-household housing (hereinafter “Defendant Company”) with Defendant Pyeong Industrial Development Co., Ltd. (hereinafter “Defendant Company”).

C. From February 29, 2016 to July 30, 2016, Defendant Company performed the construction of the said multi-household housing (hereinafter “instant new construction”). D.

However, since April 14, 2016, the Defendant Company’s access to the inner floor and the wall of the instant housing to the inner floor of the instant housing, which was built by the Defendant Company, due to vibration, etc. generated in the construction process, was separated from the inner floor of the instant housing and the wall, and the rupture, etc. was generated on some walls and floors.

(hereinafter “this case’s defect”). E., defects such as e., e., e., e., e., e., e.

On the other hand, the construction cost required to repair the defects of this case is 15,829,118 won in total.

[Ground of recognition] Gap 1, 3, and 4 (including paper numbers) and the result of this court's entrustment to appraiser F

2. According to the facts of recognition as to the claim against the defendant company, the defects of this case were caused by the negligence of the defendant company which performed the new construction of this case without taking any particular measures to prevent damage and expansion of neighboring houses caused by vibration, etc. generated in the construction process of the ground-breaking and soil-shield.

Therefore, as the Plaintiff seeks, the Defendant Company is obligated to pay to the Plaintiff damages equivalent to the above construction cost of KRW 15,829,118 and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 30, 2016 to December 18, 2018, which is the date following the end of the new construction work of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Defendant B.

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