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(영문) 제주지방법원 2018.06.28 2017나1356
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building of the first floor and the second floor (hereinafter “instant building”) located in Jeju-si, and the Defendant is a construction company that executed the new construction works of the C agency (hereinafter “new construction works of this case”) at a place adjacent to the instant building.

B. As the Plaintiff demanded compensation for damages incurred from the instant building due to the instant new construction project, on November 24, 2014, the Defendant’s field agent D drafted a written pledge stating that “I, on December 31, 2016, undertake to the Plaintiff that I will faithfully perform the repair work (including physical damage compensation due to cumulative performance) by December 31, 2016 when it is confirmed that the existing portion of the instant building and the extension portion connected to the instant new construction project occurred.”

C. On November 28, 2014, the Defendant commenced construction of underground ground-breaking works (hereinafter “instant ground-breaking works”).

After the destruction of the instant building, the Plaintiff demanded the Defendant to compensate for the damages incurred by ruptures, water leakages, etc. in the instant building due to the said construction, and the Defendant implemented the remuneration for some equal heats generated in the instant building.

E. The Plaintiff filed the instant lawsuit on the part in which the Defendant did not repair, and the part in which the additional repair was not paid (i) the part in the parking lot repair and waterproof processing part, ② the wall crack and color from the entrance of the 1st floor to the second floor toilet, ③ the wall cracks and color, ③ the water leakage of the north side of the instant building, ④ the water leakage after the removal of the 1st floor storm, ⑤ the flow of water leakage, ⑤ the replacement of the tent due to water leakage, ⑤ the flow of water flow from the southwest part of the 1st floor flower of the new C institution, 7 the cleaning cost after the completion of the construction).

(2) At the entrance of the first floor, remuneration and painting 266,590 won in color 266,590 shall be paid at least 1-2 meters of earth and sand due to the tacking construction.

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