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(영문) 창원지방법원통영지원 2017.11.08 2017가단23607
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. From December 23, 2016 to November 8, 2017, KRW 4,850,000 and its amount.

Reasons

1. The Plaintiff owns three-story housing units on the ground of Dong Young-si (hereinafter “instant housing”).

On May 11, 2016, the Defendants newly constructed 6-story Moel Building (hereinafter “instant building”) on the D’s ground adjacent to the instant house in common.

At the time of the construction of the instant building, the Plaintiff and the Defendants agreed as follows (hereinafter “instant agreement”).

1. When the existing building is demolished before its new construction, a large amount of gold has been placed on the walls of TV, off-to-door and bed part of the wall, and it refers to remuneration by checking each other;

2.The cost of cleaning 200,000 won shall be the compensation key due to the soil dust generated at the time of removal.

3. The repairing cycle of the rooftop, which is destroyed at the time of removal, shall be the studio.

4. The payment rate of KRW 800,000 shall be the monthly usage fee for the eight-month period from June 8, 2015 to January 2016) set up at the time of new construction.

(Additional 500,000 Won). 5. The first floor wall in the vicinity shall be stockpiled.

6. The floor of the space between two buildings shall be easy;

7. Where any damaged area after cleaning the rooftop waterproof section, it shall be repaired.

At the time of completion of construction works, it will be completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 9 (including additional number), the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion that the Defendants did not perform their obligations under the instant agreement, and the Plaintiff did not perform its obligations, and the Plaintiff’s hospitalization of the Plaintiff, 140,000 won, excluding KRW 2,960,000,000, which was paid by the Defendants, for the expenses for the removal of the entire rooftop, and KRW 2,50,000,000, excluding KRW 2,500,000,000, which was paid by the Defendants, for the remainder of the expenses for the removal of the entire rooftop, and ② the installation expenses for the installation of the outer walls of the building to prevent rainwater from emitting off the ruptureed building; ③ the repair expenses incurred by the brick string down at the time of the new construction; ④ KRW 120,00,00, 120,000, and ⑤ the Plaintiff’s purchase expenses for the purchase of approximately 364,000

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