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Defendant C Company 2,248,400 won and its related amount are 5% per annum from October 5, 2018 to August 20, 2020.
Reasons
1. Basic facts
A. The Plaintiff owns a share of 2,353/2,475 square meters among 2,475 square meters in Busan-gun, Busan-gun, and a single-story building on its ground (hereinafter “instant building”).
B. The Defendant Busan Urban Corporation (hereinafter “Defendant Corporation”) is the implementer and owner of the Plaintiff’s neighboring E Creation Corporation (hereinafter “instant construction”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the subcontractor who subcontracted earth and appurtenant works among the instant construction work from F, etc., the contractor.
C. After the blasting work, Defendant C performed blasting work for the instant construction work and the blasting work, the cracks and damages such as the walls, floors, ground, etc. of the instant building were increased or increased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 11, 12, Eul evidence Nos. 1 and 5 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the claim against Defendant C
A. In full view of the evidence and the purport of the entire pleadings as a result of the appraiser G’s appraisal before the occurrence of the liability for damages, Defendant C may recognize the fact that some defects, such as cracks, etc., of the instant building, have occurred or new defects have occurred due to the blasting work for the construction of the instant building, as such, it is reasonable to deem that Defendant C performed the construction without sufficiently preparing measures to prevent or minimize cracks, etc., anticipated to occur in the instant building due to the said blasting work, etc., and therefore, Defendant C is liable to compensate the Plaintiff for the damages incurred thereby.
B. (1) In full view of the purport of the entire pleadings as a result of the appraisal by Defendant C’s blasting work, etc., the fact that the costs incurred to repair the said defects are 5,621,000 won in total.