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(영문) 서울남부지방법원 2016.06.03 2014가합107216
채무부존재확인
Text

1. Seoul. On the Defendants, the Defendant (Appointeds), the designated parties, and the Defendant (Counterclaims) of the Plaintiff (Counterclaim Defendants)

Reasons

1. The Plaintiff is the contractor of the apartment housing rearrangement project in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant construction”). The Defendants, the Defendant (Appointed Party), the Defendant (Counterclaim Plaintiff), and the designated parties (hereinafter “Defendant, etc.”) are those who owned, or were residing in, AH, AI, AJ, and AK-ground buildings in Gangseo-gu Seoul Metropolitan Government at the time the instant construction project was conducted.

[Based on recognition] - Other Defendants than the Defendant (Appointed Party) and the Defendant (Counterclaim Plaintiff): Confession (Article 208(3)2 of the Civil Procedure Act); Defendant (Appointed Party); Defendant (Counterclaim Plaintiff); Defendant (Counterclaim Plaintiff): Facts that there is no dispute; evidence Nos. 2 and 2 and 3; the purport of the entire pleadings; and the purport of the whole pleadings.

2. The plaintiff asserted that there was no noise, vibration, and dust exceeding the tolerance limit in the construction process of this case, and that there is no causation between vibration and the cracks, etc. generated in the construction process of this case, and therefore, there is no liability for damages caused by tort against the plaintiff's defendant, etc. due to noise, vibration, and dust generated in the construction process of this case.

As to this, Defendant (Appointed Party) asserted that Defendant (Appointed Party) and the designated parties suffered mental damage exceeding the tolerance limit due to vibration generated in the construction process of this case, and that Defendant (Appointed Party) and some of the designated parties are liable to compensate for damages arising from tort, and that Defendant (Counterclaim Plaintiff) are liable to compensate for damages due to vibration generated in the construction process of this case. Since the vibration generated in the construction process of this case caused equal damage to the building owned by Defendant (Lessee) and the designated parties, the Plaintiff is liable to compensate for damages due to tort. As such, the Plaintiff is liable to compensate for damages due to tort.

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