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(영문) 서울중앙지방법원 2016.02.05 2014가단219871
손해배상(기)
Text

1. The Defendant’s KRW 22,302,309 as well as 5% per annum from November 14, 2014 to January 11, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land B and the above ground buildings in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendant is the executing company C construction works.

B. From December 4, 2012, the Defendant started excavation for the said light metal construction in the order of the cross-section for installation of earth mounds, installation of earth belts and base teams, installation of soil mounds, installation of earth and sand excavation, earth and sand excavation, one part of earth and sand excavation, two parts of earth and sand construction, three parts of earth and sand construction, three parts of building facilities, etc. from December 4, 2012 to October 11, 2014 (hereinafter “instant excavation works”), and the final excavation works are under way in the process of construction of lower floor concrete, basic concrete, and brick concrete production works.

The separation distance between the instant building and the Defendant’s death site is about 1.8m to 3.1m from the outer wall of the instant building.

C. The instant building that was approved on November 6, 1979 was repaired on November 24, 201, and was thus substantially repaired. At present, there were damages, such as the cracks and ruptures of the ceiling, wall, floor and outer wall, the ruptures of the floor and outer wall, the entrance door and the door door therefrom, and the tuptures and destruction of windows, as indicated in the separate sheet. The expenses incurred in repairing the said damages are KRW 22,302,309.

[Reasons for Recognition] Unsatisfy, Results of appraiser D's appraisal, purport of whole pleadings

2. In light of the judgment, the continuous vibration intensity generated by the equipment presumed to have been used during the instant excavation work is 0.0-7.0m or 0.107m or 0.0m at the speed when the separation distance was assumed, and the separation distance between the instant building and the construction site is merely 1.8-3.1m or less, and the said continuous vibration during the instant excavation work is deemed to have been damaged by the instant building (in accordance with the Central Environmental Dispute Mediation Committee (Guidelines for Determination of Difference between Noise and Building Damage), according to the Central Environmental Dispute Mediation Committee (the Guidelines for Determination of Difference between Noise and Building Damage), it is deemed that there exists a causal relationship with the building damage if the vibration above 0.1m or more of the 0.1m or more of the 15-year old building occurs) and the blasting method.

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