(영문) 제주지방법원 2015.04.22 2014나604 | 리걸엔진

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(영문) 제주지방법원 2015.04.22 2014나604

손해배상(기)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From March 30, 2009 to Jeju City, the Defendant’s Corporation for Infrastructure of the Asian District Urban Development Project (hereinafter “the Corporation”) is called the instant construction project.

(2) The construction cost of the instant construction project is set at KRW 22,53,115,00, and the construction period from April 6, 2009 to August 5, 2012. Since then, the construction cost of the instant construction project is set at KRW 24,30,070,000, and the construction period is changed from April 6, 2009 to March 31, 2013. The Plaintiff owned a dudio building located in the instant construction area (hereinafter “instant building”).

B. On August 2012, the Defendant: (a) performed a work to connect sewage pumps with sewage pumps and sewage pipes in the instant construction; and (b) to connect sewage pipes between the Manle of the sewage pipes and the Manle of the sewage pipes in 10 times; (c) on August 23, 2012 and on August 24, 2012, the Defendant recorded a large amount of 190 meters in total in the Jeju-si area including the instant construction site; (d) the Defendant discharged sewage pipes connected to the instant building into the instant building by discharging sewage pipes through the Manle of the sewage pipe that the Defendant constructed and flowing into the underground floor, thereby divinging the underground room of the instant building (hereinafter referred to as “instant accident”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion 1) The Defendant asserted that the instant construction was carried out by the Defendant, while doing the instant construction, and that rainwater was flown into the manle of sewage pipes, and thus the underground room of the instant building was flooded. As such, the Defendant is liable to compensate the Defendant for the damages equivalent to KRW 12,420,318, the sum of KRW 12,420,318, as the cost of cleaning for the replacement and repair of machinery, such as the pumps and pumps of fire-fighting equipment installed in the underground room, and the cost of cleaning for the restoration of underground room, 385,000,000 won.

유사 판례

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