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(영문) 서울남부지방법원 2018.07.20 2017나5445
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the water collection business like D with the trade name of “C,” and the Defendant was a person who operated F in Guro-gu Seoul Metropolitan Government E.

B. Following the relocation of the above E business establishment to Geumcheon-gu Seoul Metropolitan Government, the Defendant removed the 1st floor car center building (hereinafter “instant building”) installed in the above E business establishment.

On July 15, 2015, the Defendant said that, around July 15, 2015, H and I, who had been engaged in remodeling works in the G place of business, would remove the instant provisional building and bring about scrap metal from the building.

C. H and I contacted the Plaintiff and D to introduce the removal work of the building of this case, and communicate it to be removed if the amount is equal to that of the removal work.

On July 21, 2015, the Plaintiff started the removal of the instant building at the Defendant’s place of business, along with D, and started the removal of the instant building to the neighboring residents’ place of land. As the removal work was discontinued, the Defendant confirmed the order to remove the building to the neighboring residents, and explained the scope of the removal of the instant building to the Plaintiff.

E. The Plaintiff, at a height of 2 meters, was engaged in dismantling work on the roof of the instant building, and caused an accident, such as a duplicating flaversing the floor and cutting down the work to drink the depth, and getting off the floor and getting off the right side. (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 17, Eul evidence 1, witness H and I's statement, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion is seeking payment of KRW 20,07,705 ( = active damages = KRW 5,645,760) incurred by the Plaintiff due to the instant accident on the grounds of the following grounds for liability, and damages for delay therefrom ( KRW 13,361,945).

(1) The plaintiff and the defendant have removed the building of this case and they have removed it in return for this.

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