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(영문) 서울중앙지방법원 2020.02.04 2018가단5224630
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On February 1, 2015, the Plaintiff leased 76.67 square meters (hereinafter “instant store”) of the real estate listed in the [Attachment List (hereinafter “instant building”) from D and run general restaurants in the name of “E”.

B. Defendant B (hereinafter “Defendant B”) is a contractor of the construction of the construction of the 8th underground and the 28th floor above ground in Jung-gu Seoul Special Metropolitan City (hereinafter “instant land”) in the vicinity of the instant building (hereinafter “instant construction”). Defendant C Co., Ltd (hereinafter “Defendant C”) is the contractor of the instant construction, and Defendant C Co., Ltd. (hereinafter “Defendant C”) commences the instant construction work on September 2017.

C. From March 8, 2018 to April 30, 2019, Defendant C performed blasting work at the construction site of this case and implemented blasting work from March 8, 2018 to October 31, 2018.

The Plaintiff filed an application for provisional disposition prohibiting the continuation and construction of the instant construction work with the court 2018Kahap21260 against the Defendants by asserting that the instant construction work occurred in the instant shop, and that there was a rupture and rupture in the instant shop, but the said court dismissed the said application on November 2, 2018.

[Ground of recognition] Facts without dispute between the parties concerned; entry of Gap evidence 1 through 7; entry of Eul evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion caused damages to noise, vibration, etc., and risks of collapse of a building due to cracks, water leakage, etc. in the Plaintiff’s workplace. The Plaintiff’s life is threatened by the Plaintiff and its employees in the Plaintiff’s workplace. As such, the Plaintiff’s claim against the Defendants for compensation equivalent to KRW 54,760,000 for damages, such as damage, business loss, brand value loss, premium loss, etc. caused by the destruction of food materials caused by the tort.

B. Determination 1 noise, vibration, etc. is infringed.

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