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(영문) 수원지방법원 2016.10.13 2015가단115011
손해배상(기)
Text

1. The Defendant’s KRW 13,357,218 as well as the Plaintiff’s KRW 5% per annum from May 22, 2015 to October 13, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

After purchasing adjacent land B and C and its ground buildings on the site of the above building site, the defendant removed the existing building above the above site from July 2012 and started construction of the logistics warehouse.

B. A retaining wall was installed on the boundary of the land owned by the Plaintiff and the Defendant.

On September 12, 2012, the Defendant removed the retaining wall above and commenced the astronomical and civil works on the land owned by the Defendant (hereinafter “instant construction”), but the Plaintiff’s representative director offered that the instant construction would cause safety problems to the instant building due to the said construction, and the construction was suspended.

C. On October 2012, the Plaintiff and the Defendant agreed to the effect that “If damages incurred to the instant building due to the instant construction as a result of the safety diagnosis, it would complete the repair work at the Defendant’s expense within 30 days from the time of completion of the underground floor construction of the Defendant’s new building (hereinafter “instant agreement”).

'The external inspection results of the building of this case show defects such as rupture and ruptures, ruptures of interior and outside stones, ruptures of external asphalt container packaging, etc. However, such defects are presumed to have occurred due to complex causes such as deterioration by the number of years elapsed, guptures of natural generated materials, guptures of guptures of natural materials, guptures of guptures of natural materials, and progress of construction at adjacent construction sites.

As a result of a vertical change test, it appears to be a good condition to the extent of minor change, and most of the site materials are satisfactory in the relevant standard values.

It is believed that there is no particular problem about the use or structural safety of the building in question when repairing the present defect.

A corporation selected by the Plaintiff.

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