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(영문) 대구고등법원 2015.10.08 2014나3123
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendants jointly do so to the plaintiff and KRW 56,458,136.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land located in the Gyeongbuk-gun C (hereinafter “Plaintiff-owned land”) and the maintenance plant on the ground.

B. On February 201, Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted the construction of Asung Construction Co., Ltd. (former trade name prior to the change: Unforest Construction Co., Ltd.; hereinafter “Defendant Asung Construction”) to create a site for a complex logistics complex (hereinafter “instant construction site”) with respect to the nine parcels, such as G, B, etc., G, North C, G, and the instant construction site (hereinafter “instant construction site”).

From February 2011, Defendant Asung Construction performed the instant construction work.

C. The instant construction site is connected to the Plaintiff’s land, and the ground thereof was approximately 3 to 7 meters lower than the Plaintiff’s land.

On September 12, 2011, when Defendant Asung Construction continued the instant construction, the ground was invaded around the office building of the Plaintiff’s maintenance plant (hereinafter “office building”), which is an affiliated building of the Plaintiff’s maintenance plant. As a result, the following damage (hereinafter “damage”) occurred on the office building and its surrounding land, etc.:

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the records on Eul's evidence No. 1, and by exceeding the bounds of the judgment of the court of first instance, the court below erred by misapprehending the legal principles as to the records and records, and exceeding the bounds of the judgment of the court below, the court below did not err by misapprehending the legal principles as to the records, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles as to the records, as otherwise alleged in the ground of appeal, as otherwise alleged in the ground of appeal.

2. The parties' assertion

A. The instant accident involving the Plaintiff 1 is during the instant construction work by Defendant Asung Construction.

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