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(영문) 수원지방법원안산지원 2019.06.26 2018가단68646
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization that consists of the occupants of the household A Apartment at Silung-si (hereinafter “the apartment in this case”). The Defendant is a company that mainly carries on the construction, management, operation and lease of the expressway rest area, gas station, and charging station.

B. The Defendant awarded a contract to the E Co., Ltd. for the construction work of building D restings (hereinafter “instant restings”) to the E Co., Ltd. (hereinafter “instant construction work”).

C. After the construction of the instant apartment, the residents residing in the instant apartment since June 2017 filed a civil petition regarding noise, dust, etc. from the construction of the instant apartment to the Defendant, Si, Si, and Si, etc.

On October 30, 2017, G, the head of the business team, and H, the head of the instant rest area, as the head of the headquarters of the Defendant, had discussed about the instant construction damage by visiting the representative of residents I, J, K, and L of the instant apartment on October 30, 2017. On the following day, a written confirmation (hereinafter “instant confirmation”).

On October 31, 2017, the representative of residents of A apartment and the representative of a rest area, as a result of the hosting on October 31, 2017, will continue to discuss and proceed with detailed progress matters related to the residents' request (2 elevator replacement, roof waterproof).

A representative of a rest area: A, J, K, or L (based on recognition), the absence of dispute, each entry in the evidence of subparagraphs 1 through 4, and the purport of the whole pleadings.

2. The plaintiff asserts that the defendant, under the name of compensation for damages related to the construction of the instant apartment, replaced the two elevator units of the instant apartment, agreed to replace the two elevator units of the instant apartment as a cycle for the roof waterproof construction, and failed to implement the instant agreement even though it prepared and implemented the instant agreement. As a result, compensation for damages, the sum of KRW 153,643,00 including the elevator replacement cost, and the roof waterproof construction cost of KRW 38,643,00.

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