1. The Defendant’s KRW 43,797,00 for the Plaintiff and KRW 5% per annum from October 22, 2012 to February 7, 2014.

1. Basic facts

A. The Plaintiff is the owner of the Geumcheon-gu Seoul Metropolitan Government Land B and the third floor building on its ground (hereinafter “instant land and building”).

B. On December 20, 2010, the Defendant was awarded a contract for the construction of a “D” building, which is a neighborhood living facility, on the ground of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, which is adjacent to the instant land and building (hereinafter “instant construction”).

C. Before the construction site of this case was contracted by the Defendant, the construction work was completed in accordance with the CIP method, which inserts steel or steel products with the ground by the excavating machine by another company, and removes concrete.

From January 201 to September 201, the Defendant performed excavation works at the construction site of this case from January 201 to September 201, and during the construction process, the ground subsidence of the land of this case and the crack of the floor of the building were generated.

[Ground of recognition] Facts without dispute, Eul's evidence 1-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserts that, while taking protective measures against the instant land and buildings while performing the instant construction, the Plaintiff is obligated to compensate for damages, as it neglected the Defendant’s duty of care to minimize impacts caused by the construction, thereby causing damage, such as ground subsidence and rupture, on the instant land and buildings.

In this regard, the Defendant conducted safety diagnosis and investigation into the surrounding buildings before the execution of the instant construction work, and conducted periodically the measurement of the construction site and surrounding buildings even during the construction work. As a result, it was measured that there is a safe range within which the buildings and foundations should be utilized around the construction site, and therefore, rupture, ground subsidence, etc. arising from the instant construction work.