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1. The Defendant shall pay to the Plaintiff KRW 48,950,000 and the interest rate of KRW 15% per annum from May 11, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. From November 21, 2011, the Plaintiff removed a 3-story building on the ground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, on its ownership, and constructed a 14-story building on the 2nd and ground surface (hereinafter “Plaintiff building”) around December 13, 201, the Plaintiff completed the construction of a 14-story building on the 2nd and ground surface.
B. Around June 2012, B owned a building of 350 square meters, D 20 square meters, and 3 square meters, which are adjacent to the said land owned by the Plaintiff. Since June 2012, B removed the building, and around November 5, 2012, the Defendant and the Defendant entered into a contract on the construction of the building of 13th underground and ground surface (hereinafter “B building”) on the site of the building (hereinafter “instant construction”).
C. After entering into the said contract, the Defendant completed the instant construction work and completed it around December 19, 2013.
When executing the instant construction project, the Defendant neglected to take measures to prevent damage to external walls on the Plaintiff’s building, which is adjacent to concrete scatterings, etc., and accordingly, the Defendant’s installation of concrete scatterings and paints, etc. were attached to the Plaintiff’s 407 square meters of the outer wall of the building (the area of the board 447.7 square meters).
In addition, at the time of the installation and dismantling of the outer vision of the building B, there was a 23 screen of 23 places (37.95 square meters of the area of the board) in contact with the outer wall board of the plaintiff's building.
[Ground of recognition] Gap 1 through 9, 14 evidence, Eul 2, 5, 6, 7 evidence (including paper numbers), witness E and F testimony, appraiser G's appraisal result, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by damaging the outer wall of the plaintiff's building due to negligence in the construction process of this case.
B. The Defendant, while executing the instant construction, shall damage the Plaintiff’s external wall by installing a screen and a brush, and carrying out construction.