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(영문) 부산지방법원서부지원 2020.08.19 2017가단109302
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 2010, the Plaintiff is running the mechanical parts manufacturing business with the mutual name “G” up to now, among three floors among the factory building A Dong (hereinafter “instant factory building A”) on the ground of the land F (hereinafter “F land”) owned by the Plaintiff, which was located in Busan Seo-gu, Busan (hereinafter “F land”).

B. From September 23, 2013, the Defendant Company had undertaken a construction project to create a factory site (hereinafter “instant construction”) on the land H (hereinafter “H land”) located adjacent to F’s land.

C. In order to secure the most broad factory site, the Defendant Company: (a) carried out construction work on a vertical basis in the boundary area of F land; and (b) carried out sagra work to ensure the stability of the ground (a work to fix the steel pole on the land).

The Defendant Company was engaged in blasting operations in the course of the Libera work, and as a result, the Defendant Company was in motion in the factory building A and a factory building B in the vicinity of the factory building A and the factory building B in August 2014.

In addition, as soil was leaked at the construction site of this case around that time, ground was invaded due to earth and sand erosion.

E. Accordingly, E filed a civil petition with the competent authority, the Busan Metropolitan City office, and the competent public official confirmed the instant construction site and suspended the instant construction work on August 23, 2014.

F. On August 25, 2014, Defendant Company drafted a written confirmation of the following contents (hereinafter “instant confirmation”) to E, the owner of the instant factory building.

The letter of confirmation of this case carries out the structural review of the green space of the G building and the side of the concrete retaining wall claimed that it was caused by the blasting of the above construction, and the remuneration shall be paid according to the following conditions:

- - Future -

1. The structural review of buildings and retaining walls shall be conducted at the site of each building, and remuneration shall be made at the site on a reasonable basis for damage caused by blasting;

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