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(영문) 청주지방법원제천지원 2019.01.23 2015가단3064
손해배상(기)
Text

1. The Defendants jointly share KRW 64,848,442 with the Plaintiff, and Defendant B Hospital with respect thereto from October 19, 2018, and Defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 1st underground and the 3nd ground-based building located in the F in Incheon City (hereinafter “instant building”).

Defendant B Hospital (hereinafter referred to as “Defendant B Hospital”) is the owner of the instant building, who performed the hospital extension work (hereinafter referred to as “instant construction”) on the land outside G and six lots adjacent to the instant building, in YY-si.

Defendant D Co., Ltd. is a company that received the above hospital extension construction from Defendant B Hospital and performed the construction work.

B. The instant construction was carried out from November 9, 2013 to June 12, 2015.

(C) On November 8, 2013, the date of commencement indicated in the certificate of completion of construction on November 8, 2013 related to the instant construction is November 9, 2013, and the date of approval for use of a building is June 12, 2015).

According to the results of the appraisal of defects conducted on January 5, 2017 and the results of the on-site investigation on June 15, 2018, there are defects, such as the water leakage of underground floors, the water leakage of the third floor rooftop wall, the heat of the first floor, the subsidence of the third floor, the heat of the third floor, the heat of fences, the rupture of fences, and the rupture of bathing in the building in this case.

[Ground of recognition] Facts without dispute, each entry of Gap evidence Nos. 4 (including paper numbers; hereinafter the same shall apply), appraiser H and I's appraisal result, the inquiry result of this court's fact-finding about the sun-dried viewing, the purport of the whole pleadings

2. The parties' assertion

A. There were many defects, such as rupture and subsidence, in the instant building adjacent to the instant construction due to the Plaintiff’s destruction at the construction site, etc.

The Plaintiff suffered damages, such as damage to the instant building owned by it and termination of the lease contract from the lessee.

The Defendants jointly have the duty to jointly pay to the Plaintiff damages equivalent to the cost of defect repair, KRW 187,624,321, KRW 103,800,000, and KRW 10,000, and KRW 10,000,00, and KRW 301,424,321, as well as damages for delay, from the time when the lease contract was terminated to October 2018.

B. The Defendants’ assertion is based on the instant building.

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