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(영문) 울산지방법원 2017.10.31 2016가단26111
손해배상(기)
Text

1. The Defendant Yeil Design Group, Inc., as well as KRW 16,03,778 on the Plaintiff and its related thereto, from December 3, 2016 to October 2017.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building in Ulsan-gun, Ulsan-gun, C, 250 square meters and its ground block structure, and the Defendant Bridge (hereinafter “Defendant church”) is the owner of the building in question, and the Defendant Bridge (hereinafter “Defendant B”) constructed the building for the religious facilities of the 1st floor and the 4th floor reinforced concrete structure on the ground of the land outside 324 square meters, adjacent to the instant building, Ulsan-gun, Ulsan-gun, Ulsan-gun, and the land adjacent to the instant building (hereinafter “instant church”). The Defendant Bridge design group (hereinafter “Defendant C”) is a contractor who built the new building (hereinafter “instant construction”) under the contract for the instant church building from the Defendant church.

B. From around 2015 to around 2016, Defendant Tym received a contract from Defendant church, and carried out the construction of new church buildings in the vicinity of the instant church building. At the time, in the course of excavating to form the underground floor of the instant church building, vibration and shocking of the ground was considerably generated. As a result, the damage was incurred, such as the crack and heat of the fireproof walls in the instant building, the air conditioning of the kitchen and bathing room, the air rupture of the kitchen and bathing room, the air rupture of the inner and external walls, the rupture of the math floor, and the fenced with the fence.

[Ground of recognition] Unsatisfy, Gap-6 evidence, Eul-1-4 evidence, the purport of the whole pleadings

2. Determination as to the claim on the part of defendant's towing day

A. According to the facts established prior to the occurrence of liability for damages, the Plaintiff’s instant building is adjacent to the Defendants’ construction site, and as the Defendant’s towing day, the instant church building, may sufficiently be anticipated that damage, such as ground subsidence or wall rupture, may occur to neighboring buildings due to vibration, shock, etc. in the construction site when the new construction of the instant church building is carried out. Therefore, in advance, the Plaintiff’s construction site and its neighboring areas shall be investigated in detail in detail and shall not cause damage to the instant building.

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