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(영문) 서울북부지방법원 2014.01.24 2012가단41400
손해배상(기)
Text

1. The Defendant: (a) 4,004,781 won to Plaintiff A and 5% per annum from November 9, 2013 to January 24, 2014; and (b)

Reasons

1. Basic facts

A. The Plaintiff A is the owner of the 3rd floor building listed in the attached Table C of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “Plaintiff building”), and the Plaintiff B is the person who leased the underground floor of the above building to operate the wing place.

B. D The same year beginning March 2, 2012, with a view to newly constructing and expanding a parking lot on the land of Dongdaemun-gu Seoul, Dongdaemun-gu, and F, its own building and adjacent thereto.

8. The relevant construction was carried out by the end of April 31, 201, and the Defendant Company commenced the same month after entering into a subcontract for the twitter (hereinafter referred to as the “twitter destruction work”) among them and the replacement work with existing sewage pipes, on April 9, 2012.

3. Completion.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The Defendant Company asserted that Plaintiff A used heavy equipment while performing the instant excavation work, excavated the ground at the construction site and caused ruptures to the outer wall and the wall of the Plaintiff’s building located near the excavated site due to its shock, and thus, the Defendant Company is obligated to pay the Plaintiff the remuneration amounting to KRW 5,721,117 and the damages for delay.

B. The facts of recognition and appraisal result (1) The Defendant Company carried out the instant rupture destruction work using CIP (RR) method in most sections of the instant rupture construction site, and conducted the rupture destruction work in some sections where CIP method was not applicable.

1. CIP method has advantages that the entire area of the land subject to the ground excavation is dried at about 40 cm at intervals of about 40 cm, the steel bars and H beams are loaded in the hole, and the ground subsidence is conducted by burning it with concrete for about 15 days, and the noise and vibration is less and the impact of ground subsidence is low due to adjacent buildings.

(2) The method of construction of earth and sand walls shall first be inserted in the sn beamline after having sn beamed.

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