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(영문) 서울동부지방법원 2016.01.08 2014가합108018
손해배상(기)
Text

1. Defendant D Co., Ltd.: (a) with respect to KRW 30,044,451 among the Plaintiff, and KRW 4,000,000 among the Plaintiff, from December 19, 2013, and KRW 26,04.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 1st underground and the 4th ground-based building (hereinafter “instant building”) on the land and its ground of Songpa-gu Seoul Metropolitan Government, and is operating a G kindergarten from April 13, 2009.

B. (1) Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) is the owner of Songpa-gu land adjacent to the instant building, and concluded a construction contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) on April 11, 2013 for the construction of the 2nd underground floor and the 4th class I school building on the ground, and on May 23, 2013 for the construction of the 581,000,000 construction cost and the construction period from May 28, 2013 to August 30, 2013 for the construction of the 4th class I school building (hereinafter “instant construction”).

After that, on October 8, 2013, Defendant D and the instant construction, entered into a contract with Defendant D to change the construction method to “CW method (a construction method which forms cement columns with injecting materials and drilling by inserting three dules)” from “CW method (a construction method which forms cement columns by inserting injecting injecting materials and refinites),” and accordingly, to “CIP method (a construction method which constructs field string posts by inserting concrete after inserting assembled steel bars),” and accordingly, entered into a contract to change the construction amount to December 20, 2013.

(2) As the representative of the Defendant Foundation, Defendant C prepared each of the above contracts.

(3) On August 27, 2013, Defendant C filed a report with the Songpa-gu Seoul Metropolitan Government Office (hereinafter “Songpa-gu Office”) on the change of the construction participants to “owner: Defendant Foundation, and supervisor: J architectK” to “owner: I instructors Association C, and supervisor: Defendant E (hereinafter “E”), and received the report completion certificate from the Songpa-gu Office following the date.

C. From September 28, 2013 to November 12, 2013, Defendant D used large-scale air to perform construction works, such as inserting sloping and sn beam beam lines, and destroying soil, etc.

In this case.

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