logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.25 2018가단308616
손해배상(건)
Text

1. Defendant C Co., Ltd.: (a) KRW 3,741,000 on the Plaintiff (Counterclaim Defendant) and its related thereto from April 10, 2018 to July 25, 2019.

Reasons

1. Determination as to the main claim

A. Basic facts 1) The Plaintiff is operating a parking lot and the head of SCO with the trade name “G” on the Busan Jin-gu E and F, Busan. Defendant B is the owner of the land adjacent to the above business site and the construction of the “H residential officetel” which is newly constructed on the above ground level 1 and 14 stories on the above ground level (hereinafter “instant construction”).

(2) Around 10:00 on March 14, 2018, Defendant C was the owner of the instant container office located in the Plaintiff’s place of business, and there was an accident where the ceiling of the container office is potent and the interior is damaged (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 8, 14, Eul evidence 1, the purport of the whole pleadings

B. Plaintiff’s assertion 1) Plaintiff’s claim against Defendant B: Defendant B, as the owner of the instant construction project, had a duty to take appropriate safety measures, such as preventing falling dust from falling into neighboring areas in the process of carrying out the instant construction work directly or through Defendant C, who is the contractor, but violated this duty and caused the instant accident; and Defendant B and the Plaintiff suffered severe mental distress due to the occurrence of various fallings and dusts during the process of carrying out the instant construction work; thus, Defendant B, jointly and severally with Defendant C, has a duty to pay KRW 6,741,00,000 in total and KRW 3,741,00,000 in compensation for container office’s repair cost according to the instant accident, as well as damages for delay.

arrow