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(영문) 광주지방법원 2018.02.07 2016가단521483
손해배상(기)
Text

1. The Defendant’s KRW 94,860,515 as well as 5% per annum from December 13, 2017 to February 7, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established on December 16, 1995 for the purpose of establishing and operating child care facilities, and currently operates a child care center A in the building B of Gwangju Northern-gu (which is completed in December 1996, hereinafter “instant building”).

B. The Defendant is a construction company that newly built a kindergarten (hereinafter “instant construction”) on the ground of Gwangjubuk-gu, Gwangju (hereinafter “instant construction”) owned by the Defendant from December 2, 2015 to May 2016, 201.

B. (i) From December 7, 2015, the Defendant, from around December 7, 2015, performed the adjustment of the ground for the instant construction, excavation, and file stuffing construction for the instant construction. On December 14, 2015, the ground was subsidenceed, groundwater was melted, and groundwater was melted into the playground of the instant building; and rupture began on the front land of the office.

When the Plaintiff demanded the discontinuance of construction and raises an objection, the Defendant carried out construction works by changing the method of construction from the open female to the method of construction (H-Ptiles method) during the period from December 18, 2015 to December 20, 2015, while the Defendant temporarily discharges groundwater.

On December 20, 2015, the phenomenon occurred in the front end of the instant building and there was a phenomenon in the landscape.

Applicant on December 21, 2015, there were equal heat in child-care center classrooms, and the plaintiff filed a civil petition with the Gwangju North-gu Office.

(v) on December 22, 2015, the Defendant continued to engage in the construction of a cream, and the play area was at least 60 centimeters.

⑹ 2015. 12. 23. 피고는 광주 북구청장의 피해건축물 안전조치 통지에 따라 이 사건 건물의 옥상에 계측기를 설치하고, 같은 달 24일에는 가설 지지대를 설치하였다.

However, the collection of soil by the defendant has become more serious, and the invasion has been more advanced.

⑺ 원고는 피고에게 다시 공사중단을 요청하였고, 주식회사...

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