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(영문) 창원지방법원마산지원 2016.08.17 2014가합3108
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties to the case 1) Plaintiff A is the EMel (hereinafter “instant building”) which is a building of 181.8 square meters in Changwon-si, Changwon-si and the 7th floor above the ground.

Plaintiff B and C are the owners of the instant building, and Plaintiff B and C are the persons sharing a F 169.1 square meter and its ground buildings in Changwon-si, Changwon-si. 2) Defendant Manduk Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the companies that contracted from Defendant Changwon-si to implement the project for improving G Water and Sea Wetlands (hereinafter “instant construction”).

B. The instant construction was implemented and its progress had been completed on June 21, 2014, for the purpose of improving the stability of retaining walls of G members located in Changwon-si Hdong, Changwon-si. On July 2, 2012, the existing retaining wall was implemented as a construction method building reinforced concrete to the foundation while maintaining the retaining wall and completing the construction on June 21, 2014.

C. The present condition of the instant building and defects were built of reinforced concrete of the 7th floor size above the ground, which was completed on April 21, 2003. At present, there are defects such as the cracks of interior walls of the elevator room, stairs room and guest room, the cracks and subsidences of the floors of the stairs room and guest room, outer walls and water contamination by ceiling, the cracks of the floor of the outdoor parking lot, etc.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 8, 9, Eul evidence Nos. 1, 1 and 1 (including paper numbers), and the result of appraiser I's appraisal, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The Defendant Company asserting the Plaintiffs’ assertion has a duty to compensate the Plaintiffs for damages arising from the Plaintiffs’ damages (i.e., restitution costs and operating losses) by executing the instant construction without taking appropriate preventive measures to prevent damages to the Plaintiffs’ owned buildings. As such, the Defendant Company has a duty to compensate for damages incurred by the Plaintiffs (refluence costs and operating losses).

In addition, the defendant Changwon-si is the ordering person and implementer of the construction of this case and is appropriate for the defendant company.

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