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(영문) 부산지방법원동부지원 2016.02.18 2014가합102530
손해배상(기)
Text

1. The Defendants jointly share KRW 45,570,00 for Plaintiff A, KRW 3,220,00 for Plaintiff B, KRW 3,430,00 for Plaintiff C, and Plaintiff.

Reasons

1. Basic facts

A. Plaintiff A leased the first floor below the building located in Suwon-gu, Busan (hereinafter “instant Age Club building”); operated Plaintiff B (K), C (L), D (M), E (N (N), F (O) and G (P) respectively leased part of the building located in Suwon-gu Q (hereinafter “instant building”). Plaintiff B (K), C (L), D (M), E (N (O), and G (P) operate a restaurant.

(hereinafter the plaintiffs' age clubs and restaurants operated are referred to as "the instant workplaces." (b)

The Defendants are the contractors of the Busan Young-gu R New Construction Corporation (hereinafter “the instant construction”) that adjoined to the instant age club and building.

C. The instant age club building was approved for use on October 8, 1985, and the instant building was approved for use on February 8, 1988.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Defendants asserted 1) while carrying out the instant construction, the Defendants failed to take necessary measures despite having selected a safe method of construction to prevent damage to the instant workplace, and ordered underground excavation and underground base blasting construction to cause damage to the interior of the instant workplace due to its shock. The Defendants jointly and severally liable for damages equivalent to the repair cost of the instant workplace. 2) The sound equipment used in the instant age club was flooded, and the sound equipment used in the instant age club was flooded, and the repair cost was 33,340,000 won. Accordingly, the Defendants are liable to compensate for damages equivalent to KRW 33,340,000 paid by the Plaintiff for repair cost.

B. Each entry of Gap evidence Nos. 6, 7, and 12, as to the assertion of damage to the Rotterdam, is written.

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