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(영문) 창원지방법원 진주지원 2018.05.03 2016가단9922
손해배상(건)
Text

1. The Defendant’s KRW 7,853,130 as well as 5% per annum from January 10, 2017 to May 3, 2018 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is that the Plaintiff owns two-storys of reinforced concrete structure and cement brick structure structure on the land of Jinju-si, Jinju-si, and two-storys of reinforced concrete structure, one warehouse, one reinforced concrete structure, one reinforced concrete structure, one-story community facilities, and one warehouse building (hereinafter “instant building”). Of these, the Plaintiff owns two-storys of housing, two-storys of dwelling facilities, one-story community facilities, and one-story building (hereinafter “Gdong”).

The Defendant, from June 2010 to September 201, performed an extended packing work connecting J-Myeon from J-dong from J-si among local highways (hereinafter “instant construction”) and blasting work by October 2016. As a result, the Defendant suffered damages, such as cracks and water leakages, etc., in the instant building.

Therefore, the defendant is obligated to pay to the plaintiff 50 million won and damages for delay caused by the tort.

B. 1) K obtained a construction permit on July 11, 1997 and obtained approval for use on January 19, 1998. 2) The Plaintiff purchased the instant building from L on April 4, 2012, and completed the registration for ownership transfer on May 11, 2012.

3) The Defendant received supply of the instant construction from the Gyeongnam-do and continued construction from June 2010. (4) The Defendant installed soil cutting construction around October 2012 to October 2016 in forests near the instant building.

Around September 2012, the Defendant continued the foregoing construction work, and followed a blasting test from February 2014 to September of the same year, 397 times from May 2015 to July 2014, 594 times from May 2015, and 325 times from January 2016 to August 2016.

Among blasting work sites, the distance of the building of this case and the place nearest to the building of this case is about 60 meters.

5) On September 2012, before the Defendant’s blasting work, there was a frupture as shown in the evidence Nos. 6 (excluding face Nos. 1) in the instant building. 6) On November 2017, around November 2017, the building of this case was ruptured.

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