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(영문) 대구지방법원포항지원 2019.02.14 2017가합10454
손해배상(기)
Text

1. The Defendant’s KRW 185,680,728 among the Plaintiff and KRW 184,718,40 among the Plaintiff, shall be from July 21, 2016 to KRW 962,328.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land in Northern-gu C, its third floor building and its accessory building (hereinafter referred to as “instant building”) at the port of port, and the owner of the instant building (hereinafter referred to as “instant building”) if it is included in the accessory building.

B. The Defendant is a company that newly constructs E apartment (hereinafter “the instant apartment”) on the land north-gu D, Northern-gu, North-si, North-si, North Korea (hereinafter “instant apartment”) adjacent to the site of the instant building.

C. From August 2015, the Defendant, from around August 1, 2015, carried out the construction of the instant apartment (hereinafter “instant new construction”) with earth gate and ground-breaking work (hereinafter “instant ground-breaking work”). D.

From December 2015, the Plaintiff: (a) from around December 2015, caused the instant new construction project, the concrete packaging floor of the site of the instant building, etc. to the Defendant; (b) there was rupture in retaining walls, boundary walls, floors, toilets, etc.; (c) there was damage, such as transformation into the door frame for creative use; and (d) filed a civil petition for construction damage with the mayor of the Port of Korea requesting administrative measures related to the instant new construction project.

E. On July 20, 2016, the Plaintiff and the Defendant drafted a written agreement stating that “The results of safety diagnosis, repair method, and repair design of the instant building shall follow the results of the damage diagnosis and repair design of an institution specialized in the structure jointly selected by the both parties.”

F. Around August 2016, the Plaintiff and the Defendant received a safety inspection on the instant building, etc. from F in accordance with the terms and conditions of the said agreement, along with the safety inspection on the instant building, etc., and the said safety inspection company diagnosed that the instant building, etc. had the following defects (hereinafter “instant defects”).

(1) A retaining wall: A rupture on the upper part of the retaining wall and the rupture of the retaining wall.

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