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(영문) 서울중앙지방법원 2017.09.19 2016나66928
손해배상
Text

1. Revocation of the part against the plaintiff falling under the following amount among the judgment of the first instance;

(c) the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Jongno-gu Seoul Metropolitan Government Ground B ground wooden Group and branch roof housing (hereinafter referred to as “instant housing”, and is divided into inside and below the debt), and the Yangcheon-gu Seoul Metropolitan Government Party Maintenance Foundation (hereinafter referred to as the “Defendant Foundation”) is the owner of the construction that removes and reconstructs the Diplomatic Party located in Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “instant construction”) adjacent to the instant housing, and the Defendant Peace Comprehensive Construction Co.,, Ltd. (hereinafter referred to as the “Defendant Company”) is the company that performed the instant construction work by receiving a contract from the Defendant Foundation.

B. The instant construction was commenced on December 201, and demolished the existing Sung-party building, and performed the ground and civil engineering works for the reconstruction of the building from the beginning of the beginning of the beginning of the beginning of the year 2012, and subsequently completed the structural construction around June 2013, and completed the building around November 2013.

C. The building of this case has the same defects as the existing annexed sheet.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, testimony E by the witness of the first instance court, appraisal by the appraiser F of the first instance court, the Korea Structure Safety Technology Institute of the first instance court, each fact inquiry by the appraiser F, the whole purport of the arguments, as a whole.

2. The parties' assertion

A. The Plaintiff’s assertion 1) As a result of the instant construction project, equal heat, damage, and water leakage occurred or expanded on the roof gate, rafter, eaves, outer wall, floor ceiling, floor ceiling, floor floor, fence, etc., the Defendant Company is liable to compensate the Plaintiff for the damages incurred by the said tort. (2) The Defendant Foundation entrusted all of the rights pertaining to the instant construction to G, the main agent of the said gender party, and G agreed to compensate the Plaintiff for all damages incurred to the instant housing due to the instant construction project when the instant construction is in progress. As such, the Defendant Foundation jointly and severally agreed to compensate the Plaintiff for all damages incurred to the instant housing due to the instant construction project.

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