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(영문) 부산지방법원 2015.10.08 2013나6374
손해배상(기)
Text

1. The judgment of the first instance court is modified by the plaintiffs' lawsuit acceptance system as follows.

The defendant is against the plaintiffs.

Reasons

1. Basic facts

A. The deceased is the owner of the second-class neighborhood living facilities of the second-class 2 of the general steel structure structure structure and the second-class neighborhood living facilities (hereinafter “first-class building of this case”) on the land of the Gangseo-gu Busan Metropolitan Government 327㎡, and the Plaintiff B is the owner of the third-class neighborhood living facilities of the concrete steel structure of the general steel structure of the D large 45С, and the deceased and the Plaintiff B operated the restaurant with the trade name “E” from the above buildings around 2008 and 2009.

B. Around July 2008, the Defendant, a company established for the purpose of an engineering work business, building work business, etc., performed the instant construction work from the Busan Gangseo-gu Office to July 2009 after being awarded a contract with F’s Busan Gangseo-gu office to extend F’s Busan river bridge (hereinafter “instant construction work”). The place of the instant construction work is far away from each of the instant building and 40-100 meters.

C. At the time of completion of the instant construction, KRW 29,719,322 is required to restore the building to its original state due to subsidences, walls ruptures, and tent water, etc. on the building 1, and KRW 6,574,130 is required to restore the building 2 to its original state due to water leakage, toilets ruptures, etc. on the building 2.

On the other hand, the deceased died on August 16, 2012 while the lawsuit of this case is pending, and the plaintiffs are the deceased's children as their children, and their inheritance shares are 1/4.

[Ground of recognition] In the absence of dispute, Gap 1, Eul 2, Eul 2 (including paper numbers), the result of the on-site inspection by the court of the first instance, the result of the appraisal by the court of the first instance on the causes of defects and restoration expenses to the original state, the result of the inquiry by the head of Gangseo-gu Busan Metropolitan Government Office of the court of the first instance, the result of the inquiry by the head of the court of the first instance on the

2. The parties' assertion

A. The plaintiffs alleged that the defendant did not take safety measures while performing the construction of this case, and the vibration generated during the construction of this case each of the instant cases.

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