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(영문) 청주지방법원 2016.07.20 2015가합22714
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the business of producing and selling the contact tapes.

Defendant Cheongjin Construction Co., Ltd. (formerly, Cheongjin Construction Co., Ltd.; hereinafter “Defendant Cheongjin Construction”) is a company established for the purpose of building design, supervision, etc., and Defendant Cheongjin Comprehensive Construction Co., Ltd. (hereinafter “Defendant Cheongjin Construction”) is a company established for the purpose of engineering work, etc.

B. On March 2012, the Plaintiff: (a) around 195-1 (the lot number before the registration conversion was made on May 14, 2012: hereinafter “instant land”); (b) around April 2012, the Plaintiff was in charge of design business for the construction of three factories in the same scale (hereinafter “instant factory”); and (c) around April 201, the Defendant Cream Construction issued the instant factory design drawings (hereinafter “first design drawings”) to the Plaintiff.

C. On November 12, 2012, the Plaintiff awarded a contract for the construction of the instant plant to Defendant Cheongjin Construction, and entered into a contract on February 25, 2013 with Defendant Cheongjin Construction to assign supervision services in addition to the said design work.

On May 7, 2012, the instant factory obtained a building permit in accordance with the aforementioned initial design drawings from an administrative agency. On May 29, 2013, the instant factory was completed after obtaining permission for the first construction change on May 29, 2013, or after obtaining permission for the second construction change on August 12, 2013, and obtained approval for the use on December 30, 2013.

【Ground of recognition】 The whole purport of each entry and pleading of Gap's 1 through 3, 8, 17 through 20, 25, 26, Eul's 5, 9 through 13, and 15 (including the number of branches; hereinafter the same shall apply)

2. Claim for damages due to the Defendants’ breach of separation distance against the Defendants

A. The Plaintiff’s assertion that the instant factory is located on the south side of the instant land for the purpose of vehicle access, installation of a stable, etc., six meters from the boundary line of 195-2 of the same Ri, located on the south of the instant land (land number before registration conversion: 37-4 of the same Ri, hereinafter “instant adjoining land”).

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