1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “Plaintiff’s building”), and C is the owner of Dongdaemun-gu Seoul Metropolitan Government Land D, E (hereinafter “C”) and its ground buildings adjacent to the Plaintiff’s building (hereinafter “C building”).

B. On February 29, 2012, C concluded a contract between the Defendant and the construction period from March 12, 2012 to August 30, 2012 regarding the new construction of a parking lot on the land and the extension of C buildings on the construction period, and the construction period was extended by November 15, 2012 as a modified contract made twice.

C. From March 12, 2012 to April 2012, the Defendant carried out the excavation work during the instant construction (hereinafter “the instant excavation work”) and the replacement work into the existing sewage pipes. Of the instant excavation work site, the Defendant carried out construction by using CIP (main method) in most sections of the instant excavation work site, and carried out the construction by using CIP method in some sections of the said site where CIP method cannot be applied.

After the Defendant started the construction of the ground of destruction of this case, there was an increase in the existing cracks and damages of the Plaintiff’s building, and there was a phenomenon such as leakage of underground floors.

[Ground of recognition] A without dispute, Gap evidence 1, 2, 4, 5 through 9, Eul evidence 1 (including paper numbers) and video, Eul's commission of appraisal to appraiser I by the court of first instance, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The plaintiff's assertion 1) The defendant, while proceeding with the excavation of the ground in this case, excavated the ground of the construction site by mobilization of heavy equipment and excavated the ground of the construction site, and due to shock, there was rupture and water leakage in the plaintiff's building located near the excavation site due to shock, the defendant is obligated to pay the plaintiff the remuneration amounting to 3,783,949 won and damages for delay. 2) The defendant's assertion that the defendant is liable to pay the plaintiff the remuneration amounting to the compensation for damages.