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(영문) 인천지방법원 2014.04.17 2012가단77043
손해배상(기)
Text

1. The defendant Samsung Heavy Construction Co., Ltd. and the defendant Samsung Heavy Heavy Construction Co., Ltd. shall be jointly and severally held.

Reasons

1. Determination on the main claim

A. The facts of recognition (1) The Plaintiff is the owner of the site and factory of 716 land and factory in the Nam-gu Incheon Metropolitan City (hereinafter “instant factory”) and the Defendant 00 Electric Power Transmission Co., Ltd. (hereinafter “Defendant 00 Electric Power Transmission Co., Ltd.”) is the owner of the land adjacent to the instant factory and the implementer who performs construction works for wastewater treatment facilities on the said land (hereinafter “instant construction”).

(2) The Defendant Samsung Heavy Heavy Construction Co., Ltd. (hereinafter “Defendant Samsung Heavy”) is the contractor of the instant construction. The Defendant Samsung Heavy Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy”) performed the construction of the ground-breaking and purification tank laid underground during the instant construction with the Defendant Samsung Heavy Heavy Co., Ltd. (hereinafter “Defendant Samsung Heavy Heavy”) (the Defendants acknowledged the fact that the said Defendants performed the said ground-breaking construction, etc. at the same time in the preparatory document dated November 5, 2012 and December 17, 2012). (3) The soil gate installed at the time of the instant construction due to the removal of underground water, etc. at the underground reservoir of the instant factory, which was moved from the underground structure to the underground structure of the instant construction, and the ground-breaking and related structures were caused by such removal, and the effect of the air conditioning and related structures was caused by cracks at the time of using the ground subsidence equipment under the ground subsidence.

As a result, the fences of the factory building of this case were cut down, and there were damages such as the attached Table, such as putting the heat on the floor of the factory building, and putting it down on the floor of the factory building.

(4) The details of the cost of restoration for each of the above damages of the factory of this case calculated in consideration of the degree of contribution to the occurrence and expansion of damage to the building of the factory of this case are as shown in the attached Table.

(Total 39,081,478 won). On the other hand, the reverse stream phenomenon is caused by the ground subsidence due to the instant construction works, accompanied by the factory underground sewage management officer.

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