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(영문) 서울고등법원 2019.05.03 2018나2046354
손해배상 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for the submission or addition of the reasons for this case is as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From 7th to 8th of the judgment of the first instance court, the 7th of the judgment of the first instance shall be followed as follows.

“However, Defendant D did not perform any investigation or measures necessary for the establishment of measures against damage to neighboring facilities or vibration prior to the instant construction, and did not urge Defendant C to perform such measures (According to the overall purport of the entries and arguments in the evidence Nos. 2 and 3, even though the fact was found to have been conducted at the request of Defendant C, on-site investigation and ground investigation on the construction of adjacent buildings, it is necessary to collect data on the current status of neighboring buildings including the instant building prior to the instant construction. The said ground investigation is merely an investigation on the ground of the construction of the instant apartment and the site of the neighboring buildings, and it is difficult to view that the said ground investigation was a prior measure to prevent damage to adjacent buildings caused by the instant construction, and the said Defendant did not establish or take specific measures to prevent damage to adjacent buildings according to the results of the investigation.

In addition, the materials that the above defendant asserted that he faithfully performed his duties as a supervisor in the process of performing the instant construction work are most reasonable, such as “a request for the construction work according to administrative procedures,” “a construction work according to the project approval design,” and “a safety accident is anticipated,” and the contents related to the progress of the instant construction work, such as a safety accident, are included, or a civil petition filed with the reconstruction association, which is the contractor, after the damage caused by the instant construction work has already occurred, to Defendant C, the contractor.

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