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1. The Defendant shall pay to the Plaintiff KRW 44,364,00 and the interest rate of KRW 15% per annum from August 22, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant is a company that contracted and proceeded with Section 2 from Gwangju City to supply sewage culvert rearrangement works.
The Plaintiff is the owner of the building in the Nam-gu Seoul metropolitan area and the building on its ground located in the closing store of the said construction section (hereinafter “instant building”).
Unlike the neighboring buildings which are the first floor, the building of this case has the fourth floor above ground and the underground room.
B. The aforementioned sewage culvert maintenance work (hereinafter “the instant construction work”) is required to carry out the construction work of the relevant sewage culvert and its painting (which means to strengthen the ground by inserting charging agents, such as cement, into the ground gap) because it is highly likely to cause earth and sand collapse due to the characteristics of the construction work, as shown in the attached drawings (hereinafter “the instant construction work”).
C. Of the grounds surrounding the instant building, the overall laping work was conducted prior to the excavation work on the parts that were removed from the construction site of the instant building.
However, the defendant modified the design and performed excavation work on the ground of underground utilities, such as electric wires, gas pipes, etc., even after receiving the opinions of the subcontractor that he/she should perform the overall painting work.
In addition, after excavating a section which has not been engaged in hosting work, it has been left alone for a considerable period, and it has resulted in a situation in which earth and sand flows into the area.
The above progress of the construction works by the defendant had influenced the foundation of the building of this case, and thereby, the above building has been remarkably used in the direction of the field of excavation works.
In addition, there have been ruptures on the wall while the above building was used, there has been water leakages on the underground floor, finishing materials have been destroyed, and waterproof defects on the roof have occurred.
The building of this case is currently on the ground reinforcement work.