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(영문) 서울서부지방법원 2020.08.12 2019가합33616
손해배상(기)
Text

1. Defendant C Co., Ltd.: (a) KRW 26,525,00 for the Plaintiff and 5% per annum from July 18, 2018 to August 12, 2020.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Seodaemun-gu Seoul Metropolitan Government D large 200 square meters (hereinafter “the instant site”) and the instant land’s brick structure, brick structure, and roof 2 (hereinafter “instant housing”) on the ground. The instant housing was approved for use on August 16, 1976.

B. Defendant B is the owner of the building built on the adjoining land of this case, which is the owner of Seodaemun-gu Seoul Metropolitan Government (hereinafter “the adjoining site of this case”) and of the cement prefabricated and branch office building of the ground of the adjoining site of this case (hereinafter “the adjoining housing of this case,” which was removed around June 2018 for the construction of a new building”). Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a corporation for the purpose of housing construction, etc., and is the contractor of the new building built on the adjoining land of this case.

B. On April 18, 2018, Defendant B and F drafted a new construction contract agreement between Defendant B and Nonparty F, stating that “In connection with the construction of a new neighborhood living facility on the instant adjacent site, F is the contractor, Defendant B is the owner of the work, and the date of completion of the construction shall be the end of October 2018, and the construction amount shall be KRW 580,000,000,000,000,000,000,000 won.”

On the other hand, the said new construction contract includes the details of construction, such as “urban gas removal, Internet removal, electricity removal,” “a permit for the installation of Ababag (a permit to occupy and use a road),” “civil engineering works-CIP works, sn beam beaming works, and soil strawing construction works,” etc. On May 23, 2018, Defendant B and F are the contractors, and Defendant B are the contractors, and the construction period is from May 23, 2018 to December 23, 2018, and the construction amount is KRW 800 million (excluding value-added tax).

‘B' prepares a standard subcontract agreement of construction works (A. 20) with the content thereof.

Defendant B and F shall be on June 5, 2018.

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