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(영문) 서울남부지방법원 2020.08.14 2018가단226316
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's ground of claim

A. On October 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) removed one unit of the 2nd and 7th floor building of the 2nd and the 2nd and the 20th floor of the building on the south-gu Incheon (hereinafter “instant real estate”) plot of land (hereinafter “instant real estate”). Defendant C is the owner of the instant real estate and the owner of the instant building.

The Plaintiff is a lessee of the Nam-gu Incheon Metropolitan City Hel (hereinafter “the instant telecom”) located between the instant real estate and the six-meter road.

(See a certified copy of the cadastral map in the attached Form). (B) The location of the instant real estate and the instant telecom.

On March 10, 2016, the Plaintiff entered into a lease agreement with Nonparty I on the lease deposit amount of KRW 200 million, monthly rent of KRW 6.5 million, the lease term from May 1, 2016 to April 30, 2018. On April 29, 2016, the Plaintiff entered into a lease agreement with Nonparty I on the lease deposit amount of KRW 250 million, monthly rent of KRW 6.5 million, and began business from May 6, 2016.

C. From October 2016 to the end of the same month, Defendant Company neglected the construction site from October 2016 to April 2017.

Around May 2017, Defendant Company did not install soundproof walls, etc. even though noise, vibration, and dust was serious.

The defendant corporation is currently in the aggregate construction work as of June 2018. D.

The Plaintiff closed its business on April 30, 2018 due to the construction of the instant building.

E. The Defendants’ act constitutes a joint tort under the Civil Act. Defendant C is liable to a contractor under Article 757 of the Civil Act. The Defendants are liable to compensate for damage caused by environmental pollution or environmental damage under the Framework Act on Environmental Policy.

F. Damage incurred by the Plaintiff due to the instant construction project: (i) the amount of income in 2017 -32,772,807 won; (ii) the amount of income in 2018 -10,158,33 won; and (iii) the amount of income in 2016.

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