(영문) 서울중앙지방법원 2017.11.01 2017가합515935

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.11.01 2017가합515935

손해배상(기)

Text

1. The Defendant’s KRW 153,072,00 for the Plaintiff and the following: 5% per annum from January 11, 2017 to November 1, 2017;

Reasons

1. Basic facts

A. From February 1, 2007, the Plaintiff was engaged in the gas station business (hereinafter “instant gas station”) with the trade name called C gas station on the ground of Jung-gu Incheon, Jung-gu, Incheon.

B. The Defendant was awarded a contract with the Korea Rail Network Authority for D Construction on the part of the area where the gas station of this case is located (hereinafter “the instant construction”) from among the water supply and marketing steel works of Suwon-In Incheon, Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”).

Growa Co., Ltd. received a decision on November 24, 201 from the Seoul Central District Court to commence the instant construction work on or around September 2012, and the Defendant solely performed the instant construction work by transferring all of the rights to the instant construction work to the Defendant.

C. During the construction of the instant gas station, oil storage buried in the site of the instant gas station has been caused by the subsidence of the ground of the instant gas station, and there was rupture on the outer wall, floor, and fence of the instant gas station. The water distribution channel of the instant gas station has been destroyed, and the sporadation of the instant gas station has occurred (hereinafter “damage”).

On January 2014, the Plaintiff requested the Defendant to suspend and repair the instant construction work, because the ground of the instant gas station was invaded due to the instant construction work, and the damage occurred, such as rupture and rupture.

E. On September 7, 2015, the Defendant prepared a letter of undertaking to perform remuneration to the effect that “at the time of restoring the surface after completion of the structure of the instant construction, the entire repair of the damaged part of the instant construction caused by the impact of the instant construction,” but failed to perform that remuneration up to now.

[Reasons for Recognition] Each entry of Gap's Evidence Nos. 1, 2, 4, 5, 6, 11, 14, 18, Eul's Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of the claim

유사 판례

-인천지방법원 2020.04.22 2018가단248915

-서울남부지방법원 2020.11.10 2018가단264356

-전주지방법원 2016.01.15 2013가합7126

-서울남부지방법원 2015.04.23 2014가합104347

-서울중앙지방법원 2015.08.28 2014가합528961