1. The Defendant: (a) KRW 48,013,836 to the Plaintiff, as well as KRW 5% per annum from August 23, 2019 to October 4, 2019; and (b) October 5, 2019 to the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of a cement brick slock slock slock slock on the ground of 151 square meters in Seo-gu, Gwangju, Seo-gu (hereinafter “instant building”).

B. From April 2016, the Defendant is a contractor who performed the Gwangju apartment house reconstruction work (hereinafter “instant construction”) in Seo-gu, Seo-gu, Gwangju, a neighboring site to the instant building from around April 2016.

[Reasons for Recognition] Unsatisfy, Eul's entry in the evidence 1-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s construction of the instant building caused damages, such as the occurrence and expansion of the egading phenomenon and rupture of the said building (hereinafter “damage to the instant building”), etc., the Defendant is obligated to pay the Plaintiff the Plaintiff the amount of KRW 80,023,060, which is equivalent to the exchange value of the instant building due to tort damages, and the delay damages therefrom.

B. The Defendant’s building was an old building built in a retaining wall filled up in around 1992, and the Defendant had been causing the above damage to the retaining wall and the instant building before performing the instant construction. Thus, the above damage existing in the instant building is not caused by the instant construction.

3. Determination

A. The evidence revealed prior to the occurrence of liability for damages, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 2-1, 2-3, Eul evidence 3-1, Eul evidence 3-1, Eul evidence 5-1, 2-2, Eul evidence 5-1, and Eul evidence 8-1, 5-2, and the result of the on-site verification by this court, the following circumstances, namely, ① the defendant performed construction and ground excavation work while performing the instant construction work; ② the defendant conducted the construction work at hand and conducted the construction work at the site of the instant construction; ② on February 29, 2016, at the time of the prior inspection of the structures adjacent to the site of the instant construction conducted by the defendant, 88.8∑ and 90.0∑, but on January 21, 2019, at the time of the appraisal of the building of this case, the roof rail gate of the instant building at the time of appraisal.