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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 17 million and 5% per annum from September 29, 2016 to May 24, 2017.
Reasons
1. Basic facts
A. From February 15, 2015, the Plaintiff operates a sales store, such as the mutual coffee, from around 65m2 to 65m2 among the first floor of the Busan Shipping Daegu Building (hereinafter “instant building”) and operates the first floor and the second floor as a fee rental facility for lecture rooms, etc.
B. Defendant Han Young-gu Co., Ltd. (hereinafter “Defendant Han-gu”) awarded a contract for the construction of the main complex building in the size of the 1st basement and the 15th floor adjacent to the Plaintiff’s business site to the Busan Maritime Transportation Daegu D and E, which were adjacent to the Plaintiff’s business site, and the construction of the main complex building in the size of the 15th floor above the ground was commenced from February 2015, and completed the construction of the main complex building from June 2016.
C. In the course of the construction of the instant building, the water leakage occurred on the first floor of the underground in the course of performing the construction of the instant building by Heung Daily Construction, which led to a flood control construction of the instant building.
Despite the waterproof construction, from January 29, 2016, water drained due to water leakage on the first floor below the instant building from January 29, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, video of Gap evidence 15, purport of whole pleadings
2. The plaintiff's assertion
A. The water leakage occurred due to the shock that occurred in the process of the rupture construction by Defendant Heung Il Construction in the course of the rupture of the instant building.
B. During the process of the rupture and structural construction, Defendant Heungil Construction generated soil dust, noise and vibration due to dump trucks, etc. coming from the front road of the instant building. The damage suffered by the Plaintiff is beyond the tolerance limit.
C. Therefore, Defendant Heung Daily Construction is obligated to pay the Plaintiff the total repair cost of the instant building KRW 7 million among the total repair cost of the instant building, KRW 25,279,130, and KRW 10 million to the Plaintiff.
Defendant Han Young-sung.