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(영문) 서울서부지방법원 2015.01.15 2014가합30100
손해배상(기)
Text

1. As to the Plaintiff KRW 135,253,355 and KRW 50,00,00 among them, the Defendant shall start on May 8, 2013, and the remainder of KRW 85,253.

Reasons

Basic Facts

The Plaintiff owns, on the ground of Mapo-gu Seoul Metropolitan Government, the 6th floor of reinforced concrete structure, the 19.02 square meters of residential facilities and the 19.02 square meters of residential floor, 1 through 6th floor, 46.74 square meters of residential floor, and 5.16 square meters of a rooftop (hereinafter “instant building”).

From October 2005 to December 31, 2010, the Defendant carried out the excavation work of cancer walls between C and the underground 50m of the Incheon International Airport Railroad Facilities from October 2005 to December 31, 201 (hereinafter “instant construction work”).

[Based on recognition, Gap evidence Nos. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply), and since the building of this case owned by the plaintiff was damaged by rupture due to the plaintiff's assertion of the purport of the whole pleadings by the plaintiff, the construction of this case was claimed by the plaintiff, the defendant should pay the plaintiff KRW 174,825,00 for expenses incurred in constructing or repairing the building of this case and for compensating the plaintiff for damages equivalent to the rental expenses

The reason why the building of this case was fluordified by the defendant is due to the deterioration and poorness of the building, and there is no causal relationship with the construction of this case.

Judgment

The following facts are acknowledged in light of the records as to whether the building of this case was defective due to the construction of this case, Gap evidence No. 3, and the purport of the entire pleadings as to the appraisal of the Korea-White Adjustment Corporation.

(1) There is no possibility that the instant building might collapse unless there is a situation where maximum of 225 meters high at present (hereinafter referred to as “fluoring defect”) or a special external power or additional fluoring is not caused.

(ii)A fluoring defect expanded or added floor cracks, double-water tampers, strings, ruptures around the opening part, and in particular, the rupture of the upper side and the right-side ruptures increased, and the inner ruptures are cut down to the right-side rupture.

(3) The fact that the building of this case was fluored by the construction of this case has an external power to the ground.

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