(영문) 서울북부지방법원 2016.09.09 2014가단51326

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(영문) 서울북부지방법원 2016.09.09 2014가단51326

손해배상(기)

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1. The Defendant: (a) KRW 6,745,800 for the Plaintiff and KRW 5% per annum from June 3, 2016 to September 9, 2016; and (b) September 10, 2016 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building on the Dongdaemun-gu Seoul Metropolitan Government site and the cross-story building (hereinafter “instant real estate”), and the Defendant is the contractor who was awarded a contract for the new construction of the three-story and the 8th floor building (hereinafter “instant building”) adjacent to the instant real estate, Dongdaemun-gu Seoul, Dongdaemun-gu, and the 8th floor building (hereinafter “instant building”).

B. The Defendant performed the construction of the instant building from February 2010 to February 2, 2012, and due to vibration generated in the process, etc., the instant real estate was ruptured with walls and ground subsidenced, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, 3, and 4-1, 2, Gap evidence 5, Eul evidence 2, Eul evidence 2, and the purport of the whole pleadings

2. Determination

A. The Defendant, as the contractor of the instant building construction, neglected to take sufficient preventive measures to prevent damage to adjacent buildings, etc. due to vibration, etc. during the construction process, and thereby inflicted damage on the wall ruptures, etc. on the instant real estate owned by the Plaintiff. As such, the Defendant is liable to compensate the Plaintiff for the damage incurred therefrom.

Furthermore, according to the results of appraisal by the public health team and appraiser D as to the amount of damages, the fact that the building of this case was caused by the construction of the new building of this case requires 6,745,800 won when considering the fact that the building of this case was a old-age building for which about 50 years have passed since the new construction of the building of this case.

Therefore, the defendant is liable to pay the plaintiff 6,745,800 won as damages and damages for delay.

B. The plaintiff to determine the claim for consolation money.

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