(영문) 인천지방법원 2020.07.16 2019가단255194

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(영문) 인천지방법원 2020.07.16 2019가단255194

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Bupyeong-gu Incheon Metropolitan Government D and the E Ground F building.

B. Around April 2018, Defendant B entered into a construction contract with Defendant C Co., Ltd. to construct a new building on the land adjacent to the said building, Bupyeong-gu Incheon, Bupyeong-gu G.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. Due to defective construction of the ground for destruction of a new building on the part of the defendant on the ground of the plaintiff's claim, damage caused to the building on the wall of the plaintiff's parking lot was caused.

Therefore, the Defendant is obligated to compensate the Plaintiff for damages of KRW 33,616,00,00 in total, which was paid to the Plaintiff as construction cost for tin debt, KRW 30,866,00,000, and KRW 2,750,000.

B. In full view of the purport of the arguments in Gap evidence Nos. 4 and 5, it is acknowledged that the plaintiff's internal wall of the building owned by the plaintiff, as a whole, some frat and eult were generated, the fact that the frat and eult occurred in the finishing materials of the wall of the first floor parking lot, and the fact that the eult and eult were occurred in the inner wall of the building; the fact that the eult and eult occurred in the inner toilet, as a result of safety diagnosis, due to the corrosion of the building at the site of the new construction site, and the fall of the eult defects in the new construction site, may have partial impact on the construction site. However, in light of the following circumstances recognized by considering the whole purport of the evidence and arguments, it is insufficient to recognize that the defects in the plaintiff's building caused by the new construction of the defendant, and there is no other evidence to recognize it. A) The safety diagnosis report submitted by the plaintiff was submitted by the plaintiff.

유사 판례

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