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1. The Defendant’s KRW 3,620,338 as well as 5% per annum from November 27, 2015 to October 4, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a house with a lot of 106.4 square meters in Jung-gu Seoul Metropolitan Government, and the Defendant is the owner of a house with a lot of 106.4 square meters adjacent to the above house.
B. Around October 2015, the Defendant removed the old house to build a new building on the ground above D, and during that process, there was a crack in balcony, housing outer wall, stairs, etc. on the Plaintiff’s house.
C. On October 7, 2015, the Defendant drafted a letter to the Plaintiff stating that “The Plaintiff shall be liable for and repair of the Plaintiff’s boiler room and warehouse slates of the Plaintiff’s building, the boiler wall, and the rupture and ruptures of boiler walls.”
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 5, Gap evidence 3, Eul evidence 6 to 9, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the defendant violated the duty of construction not to cause damage to neighboring housing at the time of the removal construction, thereby causing equal heat to the plaintiff's housing. The defendant is obligated to compensate the plaintiff for damages totaling KRW 5,387,00,000,000 for the damages incurred by failure to receive rent from the lessee during the repair period.
B. (1) According to the appraisal results and the purport of the entire argument of this Court with respect to appraiser E, it can be acknowledged that the construction cost equivalent to KRW 3,620,338 is required to accept the said equal heat due to the removal of the Defendant’s side.
(2) Therefore, from November 27, 2015, the Defendant claimed for damages to the Plaintiff, the Defendant calculated the amount of KRW 3,620,338 as damages to the Plaintiff at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.