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1. The Defendants jointly share KRW 8,458,177 with the Plaintiff and KRW 5% per annum from April 22, 2013 to November 25, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the Dobong-gu Seoul Metropolitan Government building E site and the ground part-story building (hereinafter “instant real estate”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) is the supervisor of the instant construction work who removed the existing building located in the land other than G, Dobong-gu Seoul, Seoul (hereinafter “instant building”) adjacent to the instant housing and received a contract from the F and six others for the construction of the eight-story apartment houses on that ground (hereinafter “instant building”), Defendant C is the head of the instant construction work site as Defendant B’s technical director, and Defendant D is the supervisor of the instant construction work.
B. From February 2013, Defendant B performed the new construction of the instant building. The instant real estate due to vibration generated in the process of excavation works, etc. was damaged by rupture between inner and external walls and fences.
C. Accordingly, the Plaintiff resisted the Defendants several times and demanded compensation for damages, but Defendant C, etc., on April 22, 2013, by using sckes, destroyed the instant real estate’s wall, boiler room, and sckes without permission (hereinafter “instant damage”). On June 2, 2014, Defendant C was sentenced to a fine of KRW 5 million as an offense of property damage in Seoul Northern District Court Decision 2014Da514, Jun. 2, 2014, and the said judgment became final and conclusive around that time.
On April 25, 2013, Defendant C and D, upon the Plaintiff’s request, drafted a letter of intent to newly install a fence destroyed by the destruction of the instant case to the Plaintiff.
[Ground] A’s without dispute, Gap’s evidence 1-2, Gap’s evidence 3, Gap’s evidence 4-1 through 6, Gap’s evidence 5-1, 2, Gap’s evidence 6-1 through 10, Gap’s evidence 7, 8, Gap’s evidence 11-1 through 6, Gap’s evidence 12-1, 2, and 14-1 through 5, Gap’s evidence 14-1, 15, and this court’s fact-finding results, appraiser H’s appraisal.