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(영문) 서울중앙지방법원 2016.12.16 2016가단5040869
손해배상(기)
Text

1. The Defendants: (a) KRW 45,880,800 for each Plaintiff; and (b) 5% per annum from November 13, 2015 to December 16, 2016 for each Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a building of 158.68 square meters (hereinafter “instant building”) in Seoul Jung-gu, Jung-gu, C, cement brick structure and branch office, Seoul, and the Plaintiff is the owner of the building under construction of complex facilities in Seoul Jung-gu, Seoul, Jung-gu, Seoul, and the building adjacent to the instant building, and the Plaintiff is the owner of the building under construction of complex facilities of the five underground floors, the ground surface 22, and the building construction of the said building (hereinafter “instant construction”). The Plaintiff is the construction company of the said building (hereinafter “instant construction”).

B. From around the second half of 2014, Defendant Barun constructed constructed a base destruction of five stories underground and twenty-five meters depth in depth at the construction site of the instant construction site. During that process, the use of crushers, ground blasting, excavation, etc. were conducted. The vibration and external force of the instant building caused the subsidence of land and the crack of each structure of the instant building.

C. On September 2015, the Plaintiff notified the Defendants of the occurrence of any defect, such as rupture, floor subsidence, etc., on the interior walls and outer walls of the instant building due to noise, vibration, and ground-breaking construction in the instant construction site.

[Grounds for Recognition: Descriptions of Evidence A 1 to 5-2, Gap evidence 6-1 to 11, appraiser F's appraisal results, the purport of the whole pleadings]

2. Determination

A. According to the above facts finding that the construction of this case was liable for damages, although there was a duty of care to prevent damage, such as subsidence of the ground and rupture, etc., in the construction of this case on the land adjacent to the building of this case, the construction of this case was carried out without neglecting this duty, and thereby, the construction of this case was caused or expanded by such defect. Thus, the construction of this case is liable to compensate the Plaintiff, who is the owner of the building of this case, for the damages incurred by the construction of this case.

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