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(영문) 대구고등법원 2015.05.28 2014나4454
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements and images of Gap evidence Nos. 1, 3, 4, 5, and 7 (including paper numbers), and the appraisal results and the whole purport of arguments by the first instance court appraiser C:

The Plaintiff is the owner of 141.75 square meters in the retail store, Council member, office, housing unit retail store, 141.75 square meters in the 152.25 square meters in the 2nd floor and 152.25 square meters in each 4th floor office (hereinafter “Plaintiff-owned building”). The Defendant is the owner of the 152.25 square meters in each 152.25 square meters in each 152.25 square meters in each 2nd floor and 4th floor in the 2nd floor of the panel roof of light steel-framed structure, the 56.5 square meters in each 2nd class neighborhood living facility, and the 84.5 square meters in each 2nd floor

Plaintiff

The building owned by the defendant and the building owned by the defendant are adjacent to each other.

B. Around August 13, 2013, the Defendant requested F to build a building owned by the Defendant.

However, at around 15:34 August 13, 2013, F’s employees G caused a fire with care due to corrosion while melting from the outside of the second floor of the Defendant’s building owned by the Defendant, and contaminated or damaged the building’s inner wall and outer wall and glass of the Plaintiff’s building while scattering of melted water; and through the window and the window of the indoor window and the stairs room of the Plaintiff’s building owned by the Plaintiff at the time, the inside of the building caused contamination of the interior walls, floors, etc.

(hereinafter referred to as “instant fire”) C.

The Plaintiff’s employees interfered with the Defendant’s construction by parking three cargo vehicles at the new construction site of the building owned by the Defendant from October 4, 2013 to October 30 of the same month in accordance with the direction of H, the president, and thereby obstructing the Defendant’s construction.

As a result, H was sentenced to a fine of KRW 700,00 on June 3, 2014 (Seoul District Court Decision 2014NoNo1932, Jan. 17, 2015). The judgment became final and conclusive in accordance with the appellate court ruling that dismissed H’s appeal on January 17, 2015 (Seoul District Court Order 2014No1932, Jan. 9, 2015).

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