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(영문) 울산지방법원 2015.06.24 2014나3597
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties or can be acknowledged in full view of the following facts: Gap evidence Nos. 1-1-8, Eul evidence No. 1-3, Eul evidence No. 3, witness D of the first instance trial and witness G of the trial court.

On April 8, 2011, the Defendant: (a) completed construction works to build a C Hospital building on the land outside Ulsan-gu and four lots on the land outside Ulsan-gu, Ulsan-gu; and (b) suspended construction works due to a dispute over the increase in construction cost and the Plaintiff; (c) concluded a contract after settling the construction cost on August 26, 201 with the Plaintiff.

B. 6th floor buildings owned D on the ground of Ulsan-gu E, Ulsan-gu, a neighboring construction site, were conducted on June 3, 201, before the instant ground destruction work was conducted, and around October 26, 201, after the instant ground destruction work was completed, with respect to each F building on the ground of the instant ground destruction work, the cracks of the walls and fences of the F building were expanded due to the instant ground destruction work, and the entire building was investigated to have been frighted toward the construction site, in order to investigate the impact of the instant ground destruction work on F.

C. On May 11, 2012, the Plaintiff paid KRW 60,000,000 in total, including KRW 30,000,000 for property damage compensation and KRW 30,000 for solatium.

2. According to the facts of recognition of the liability for damages and the occurrence of the right to indemnity, the defendant, while conducting construction work, shall conduct construction work after sufficiently investigating the geological survey of the ground of the construction site and the current status of neighboring buildings, and preparing sufficient measures to predict the damage inflicted on neighboring land and buildings due to shock, vibration, etc. that may occur during construction work, and in particular, ground subsidence of surrounding land at the construction site.

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