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(영문) 부산지방법원 2015.11.19 2014가단59053
손해배상(기)
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 825,00 and with respect thereto, 5% per annum from July 26, 2014 to November 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land and the ground building in Busan Northern-gu (hereinafter “instant building”).

B. Defendant B Co., Ltd. is an executor who performs the construction work of building B (hereinafter “instant construction work”) located in D with the 1st, 4th, and 666.92 square meters of underground floor on the ground of 335 square meters in Busan Northern-gu, Busan, which is adjacent to the instant building, with permission from the competent Gu office. Defendant C Co., Ltd. is the construction work of the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff suffered damages equivalent to KRW 4080,000,000, and KRW 3 million, respectively, due to the construction of the instant case, on the ground that the construction of the instant building, the outer wall of the second floor of the building, the repair cost of KRW 1,90,00,00,000, and the risk of collapse due to the damage caused by the vertical and horizontal sckeing of the wall of the outer wall, etc., and thus, the Defendants are jointly and severally liable to compensate for the damages.

B. The Defendants filed a claim for damages due to dust, noise, and traffic obstruction from May 2014 caused primary damages to the Plaintiff while removing the existing buildings from May 2014. Since around June 2014, the Defendants suffered damages by causing dust, noise, and traffic obstruction in the process of destroying the underground sites of the instant construction from around June 2014, they should jointly and severally compensate for the damages.

3. Determination

A. Comprehensively taking account of the evidence and the appraisal result of appraiser E and the fact-finding results of the comprehensive architect office F in this court’s judgment as to the claim for property damage, the following facts were revealed: ① ruptures and falls were generated on the surface of the outer wall of the building of this case, and the number of walls was confirmed on the inside work rooms and toilets of the first floor, which are the proof double-use rooms and toilets of the second floor.

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