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1. The Defendant: 5% per annum from April 18, 2015 to May 25, 2017 with respect to each of the Plaintiffs’ KRW 14,595,768 and each of the said money.
Reasons
1. Basic facts
A. The Plaintiffs constructed the instant building on the ground of the instant site and obtained approval for use on April 8, 2014, and completed registration of initial ownership on April 14, 2014 under their names (one-two shares each), respectively.
B. From October 2014, the Defendant, as a company aimed at developing, selling and leasing real estate, producing broadcast programs, etc., performed the instant construction project (hereinafter “instant construction project”) with D Il-gun, Ulsan-do, the neighboring area of the instant site (hereinafter “instant construction site”) from October 2014.
C. From March 14, 2015 to April 18, 2015, the Defendant used explosives at the instant construction site to create the site for the instant construction project. The instant construction site was located far from 150 to 220 meters away from the instant building.
After the construction of this case, there were defects such as rupture of the foundation, rupture of the boundary between the foundation and the building, rupture of the kitchen, rupture of the bathing room, rupture of the wood pole, rupture of the stone pole, rupture of the ceiling, and rupture of the wall and the roof.
[Reasons for Recognition] A without dispute, Gap 1, 4, 18, 24 evidence, Eul 2, 12, 13, and 23 evidence (including provisional number), the result of the commission of appraisal and the commission of complementary appraisal to F by this court, the purport of the whole pleadings
2. Determination
A. 1) In the execution of the instant construction project, the Defendant shall take safety measures to prevent damage to the cracks, etc. of the instant building constructed on the neighboring site of the instant construction site. Nevertheless, without taking such measures completely, the Defendant carried out the instant construction project without taking such measures, and thereby causing damage, such as the occurrence or expansion of damage to the instant building. Therefore, the Defendant is liable for compensating the Plaintiffs for the damages caused by such tort. 2) The Defendant is lawfully liable within the scope of vibration control.