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(영문) 서울동부지방법원 2013.11.29 2012가단104503
손해배상(기)
Text

1. The parties to the Defendant’s selection and the Defendant’s selection are as from October 26, 2010 to Plaintiff A, respectively, KRW 24,541,905.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of reinforced concrete structure and brick sloping roof 4 neighborhood living facilities and housing (hereinafter “instant building”) on the ground of Songpa-gu Seoul Metropolitan Government, Songpa-gu, and is residing in the fourth floor of the said building together with the Plaintiff B, who is the wife.

B. On April 21, 2009, the Defendant’s designated parties and the Defendant’s designated parties (hereinafter “the Defendant’s designated parties together with both the Defendant’s designated parties and the Defendant’s designated parties”) jointly contracted the instant construction work from Songpa-gu Seoul Metropolitan Government E’s underground parking lot construction work (hereinafter “instant construction work”) from Songpa-gu Seoul Metropolitan Government, and completed the construction work from around October 201 to October 201, 201.

C. Meanwhile, the instant building was adjacent to the foregoing E, and there was a road of about 10 meters wide among them. However, the Defendants occupied approximately 4 meters of the road part for the instant construction and excavated the underground surface of the said E, and due to vibration and shock that occurred in the process of excavating the underground of the instant building, ruptures occurred, or ruptures occurred on the wall inside and outside of the instant building, part of the site of the said building was flooded, and part of the wall was collapsed, and there was a water leakage from the inside and outside of the said building.

On April 2, 2010, at the request of the Plaintiffs, the Defendants completed the rooftop waterproof construction and the fourth floor design construction among the defects that occurred in the instant building due to the instant construction.

E. Meanwhile, Plaintiff A filed a lawsuit claiming damages (hereinafter “related lawsuit”) against Songpa-gu Seoul Metropolitan Government, which ordered the instant construction, on the grounds of design negligence, construction management and supervision, etc. (No. 2010dada71913). The summary of the appraisal result on the causes of defects in the instant building and the repair cost (hereinafter “the appraisal result of the relevant lawsuit”) of the appraiser appointed by the court in the instant case is as follows.

(See Evidence A No. 33). [Mains of defects] Honcheon Mo-Madern Modern: The instant case.

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