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(영문) 서울남부지방법원 2015.01.28 2013가단225660
손해배상(기)
Text

1. Defendant Gwangjin-gu, Seoul Special Metropolitan City: KRW 10,583,233 on the Plaintiff and its related thereto from October 15, 2013 to January 28, 2015.

Reasons

1. Facts of recognition;

A. The defendant Gwangjin-gu, Seoul Special Metropolitan City (hereinafter "the defendant Gwangjin-gu") decided to install symbolic sculptures at the entrance of Gwangjin-gu, Seoul Special Metropolitan City and to carry out road packing works (hereinafter "the construction of this case") in order to raise awareness about food aggregate and to contribute to the revitalization of the commercial area surrounding the station area.

B. On December 2008, the defendant Gwangjin-gu entered into a contract on the instant construction with a branch company of the corporation, as follows, and the overall management of the construction was exclusively in charge of the road in the defendant Gwangjin-gu.

o Business Name: Construction period of o Project Name: from December 30, 2008 to August 31, 2009: 536,80,000 won (375,760,000 construction cost, design cost of 161,040,000 won)

C. The above symbolic sculptures are set up immediately adjacent to the new bank building at the entrance of D, land E exists between D, and F Pharmacy is located on the first floor of that ground building.

On the other hand, in order to compensate for the inconvenience caused by the construction of this case upon the recommendation of the defendant Gwangjin-gu, which requires repair as well as inconvenience to pedestrians at a corner of the F pharmacy entrance, the branch company installed a tree gate ("the facility of this case" hereinafter) on the above stairs, and upon the consent of the building owner at the time, determined the height, length, etc. of the facility of this case with the consent of the building owner.

E. Meanwhile, in the case of a G-ground building adjacent to the F Pharmacy (hereinafter “Adjoining building”), a tree zone was not installed in opposition of the owner, etc., and the instant facilities are installed only up to the boundary line of land E and G.

F. The construction of this case was completed on September 9, 2009, and the symbolic sculpture was held on the 9th of the same month, and the defendant Gwangjin-gu paid completion money to a branch company at that time. This is also the cost of installing the facilities of this case.

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