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(영문) 서울남부지방법원 2015.04.23 2014가합104347
손해배상(기)
Text

1. The Defendant (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) and the 14,732,907 won to the Korean Film Association, the Korean Senior Civil Aviation Association, and this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff Korea Egyptian Association, the Korea Egyptian Association, the Korea Sgyptian Association (hereinafter “Plaintiff church”) is the owner of the land and the 6th floor building on the ground (hereinafter “instant land and building”), Guro-dong, Guro-gu, Seoul. The Plaintiff Green Village Sharing (hereinafter “Plaintiff Green Village Sharing”) operates labor counseling centers, shelters, meal places, Council members, etc. for foreign workers in the instant building.

B. On July 1, 2013, the Defendant contracted the construction of the eight-story building on the ground of the Guro-gu Seoul Metropolitan Government, Guro-gu, 137-23, which is adjacent to the instant land and building (hereinafter “instant construction”), and filed a report on the commencement of construction on July 1, 2013, and performed the construction of underground excavation from around that time.

C. After the Defendant started the instant construction, the ground of the boundary section adjacent to the instant land and building was subsidenceed, and there was a rupture on the left-hand fence and underground floor, and there was a water leakage, etc.

Upon the occurrence of the foregoing phenomenon, members exclusive for foreign workers and free meal service centers operated in the instant building were suspended from August 16, 2013 to September 8, 2013.

Plaintiff

On August 26, 2013, the side reported an outdoor assembly (the assembly period from August 29, 2013 to September 28, 2013) that resists the ground subsidence, etc. due to the instant construction to the Guro Police Station. On August 26, 2013, the side reported that the ground of the instant building adjoining to the construction site was invaded and golded to the glass, and completed an investigation on August 30, 2013, by 32 persons, such as fire officers, police officers, Gu office employees, employees of Gangnam Urban Gas, etc., dispatched to the instant building and evacuated the relevant person, and completed an investigation.

E. On August 30, 2013, Gangnam Urban Gas confirmed that the results of an on-site gas leakage inspection on the gas pipeline facilities of the instant building were abnormal, and notified the Plaintiffs and the Defendant thereof, and the gas pipes laid underground in the section where the ground is infringed.

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