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(영문) 인천지방법원 2017.05.17 2016가단241033
손해배상(기)
Text

1. The Defendants amounting to KRW 24,662,320 for each Plaintiff, and KRW 5% per annum from September 28, 2016 to May 17, 2017.

Reasons

1. In full view of the purport of the entire arguments in Gap evidence No. 1, Gap evidence No. 2, 3 (including each number), and No. 4, Gap evidence No. 6, the plaintiff operated a restaurant with the trade name of "E" in the Nam-gu Incheon Metropolitan City C, and D ground building, but the defendant Eul awarded a contract for the construction of a new construction of an office and apartment house of 14 stories from the Nam-gu, Incheon Metropolitan City, G, H, and H, which adjoin the above restaurant building (hereinafter "the defendant company"), and the above construction caused damage to the plaintiff's restaurant, which caused damage to the plaintiff as a joint tortfeasor, such as ① room No. 1, 2, 3 internal walls, spathy, and spathy, and spathy, ② the outer wall and window No. 6, ③ the outer wall part of the roof part of the building adjacent to the building, ③ the roof floor part of the plaintiff's ground subsidence and ground subsidence, ⑤ the plaintiff's damage caused by ground subsidence and ground subsidence.

2. Scope of damages.

A. In full view of the description of No. 6 of the market price of the Plaintiff’s building A and the purport of the entire argument by appraiser I as a result of the appraisal of the market price of the Plaintiff’s building, it can be acknowledged that the defect that occurred in the Plaintiff’s building was repaired due to the above construction, or that the market price of the Plaintiff’s building was 24,62,320 won. Accordingly, the Plaintiff’s damages caused by the defect in the Plaintiff’s building caused by the above construction are KRW 24,662,320, which is the market price

B. The Plaintiff filed a claim for damages of KRW 6,535,090 for the cost of removing and re-installation urban gas pipelines already installed in order to repair defects that occur in the above building. However, the cost of removing and re-installation urban gas pipelines constitutes part of the building and the cost of installing the building is the cost of repairing the building.

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