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1. Defendant C Co., Ltd. shall pay to the Plaintiffs KRW 20,500,00 and interest thereon from March 28, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiffs are co-owners of the building site and the above ground building (hereinafter “Plaintiffs’ ownership site and building”) in Jeju-si, Jeju-si, and use E site as the parking lot for the household store in which the Plaintiffs’ management. Defendant C Co., Ltd (F Co., Ltd.) is the owners of G large 726.7 square meters adjacent to the Plaintiffs’ ownership site and building (hereinafter “instant site”).
B. On October 27, 201, Defendant C entered into a contract with Defendant C Construction Co., Ltd. regarding the contract amount of KRW 3,712,000,000 for the new construction of apartment units on the ground outside of the instant land (hereinafter “instant contract”).
C. On February 17, 2012, Defendant C: (a) made a report on the change of construction participants under the instant contract from Defendant C Co., Ltd. to Cheonghae Construction; (b) around February 17, 2012, Defendant C drafted and issued to Defendant C Co., Ltd. a letter of change of construction participants to Cheonghae Construction Co., Ltd.; and (c) around February 17, 2012, Defendant C Co., Ltd prepared and issued to Defendant C Co., Ltd a letter of change of construction participants under the instant contract to pay KRW 155,30
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 to 4, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. Although the Plaintiff’s alleged Defendants did not take necessary measures under the Building Act to prevent damage to adjacent land and buildings while carrying out construction works based on the instant contract, they did not take such measures. As such, the damages equivalent to KRW 2 million due to the collapse of the party walls on the land and buildings owned by the Plaintiffs, damages equivalent to KRW 2 million due to the destruction of the adjacent news block on the boundary of the parking lot used by the Plaintiffs, damages equivalent to KRW 2 million due to the destruction of the neighboring news block on the parking lot, and damages equivalent to KRW 10 million due to the crack in the building owned by the Plaintiffs.