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(영문) 창원지방법원 2017.05.30 2015나37140
손해배상(기)
Text

1. All appeals filed by the Plaintiff and Defendant Liber Construction Co., Ltd. are dismissed.

2. The plaintiff extended by this court.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the purport of Gap, Eul, Eul, or Eul (including branch numbers if there are serial numbers) and the entire pleadings:

The defendant Gyeongnam Development Corporation is the project implementer of the Busan High Sea Economic Zone B (hereinafter “instant project”) and the defendant Rad Construction Co., Ltd. (hereinafter “Defendant Rad Construction”) is the construction contractor who was awarded a contract from the defendant Gyeongnam Development Corporation for the construction of the site for the first district B (hereinafter “one construction district”) and the defendant Had Co., Ltd. (hereinafter “Defendant Had Co., Ltd”) is the construction contractor who was awarded a contract from the defendant Gyeongnam Development Corporation for the construction of the site for the second district B district B (hereinafter “two sections”).

B. The Plaintiff is the owner of the building D 225 square meters and its ground located in the "C Village" located in the "C Village" located in the Seocho-gu Seoul Special Metropolitan City, Seocho-gu, Chang-gu, Seoul Special Metropolitan City (hereinafter "the instant house").

C. Defendant Dra Construction and Foreign Co-operation performed blasting work from July 2, 2009 to 230 days, and 164 days from September 19, 2009 to 164 days at each of the above construction sites.

2. Judgment on the main defense of this case

A. Defendant Dra Construction and C Village representatives asserted by the Defendants, agreed on March 30, 201 and June 12, 2012 on the damage incurred by the construction works of the Section, and according to each of the above partial actions, the Plaintiff’s lawsuit in this case is unlawful, on the grounds that the Plaintiff’s additional compensation related to the instant project cannot be claimed.

B. According to the record No. 2-1, the judgment on the agreement of March 30, 201 was 2-1, the fact that F, G, H, and I, the representative of C Village, received 22 million won as agreed amount with respect to one construction section from Defendant Drain Construction on March 30, 201 and agreed not to raise a civil or criminal objection with respect to damages, such as vibration, noise, dust, etc., until the completion of one construction section.

However, on March 30, 201, as mentioned above.

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