(영문) 서울중앙지방법원 2014.10.30 2013가단57267

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(영문) 서울중앙지방법원 2014.10.30 2013가단57267

손해배상

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1. The Defendant’s KRW 29,884,053 as well as the Plaintiff’s KRW 5% per annum from March 14, 2013 to October 30, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Seocho-gu Seoul Metropolitan Government second floor housing (hereinafter “instant building”).

B. On April 16, 2012, the Defendant started construction of the instant education hall building and completed the said construction work on September 15, 2013, by a construction company contracted with C, D, and E’s education hall building (2,64.36 square meters in total floor area, 664.36 square meters, and 6th floor building) adjacent to the instant building (hereinafter “instant construction”).

C. While the Defendant’s proceeding with the instant construction, the cracks of the instant building deepens, and water leakage was generated on the ground floor of the first floor.

(hereinafter referred to as “instant defect,” in total of the above phenomena). 【No dispute exists, each entry in Gap’s evidence of subparagraphs 1 through 4 (including provisional number attachment; hereinafter the same shall apply), the appraiser G’s appraisal results and the results of the appraisal and supplementation, the purport of the entire pleadings.

2. Occurrence of liability for damages;

A. The plaintiff asserts that the defendant had a duty to compensate for damages caused by the defect of this case in the damaged building of this case due to negligence while performing the construction of this case.

The defendant asserts that the defect of this case was caused by the deterioration of the damaged house of this case where 30 years have elapsed since the new construction of this case, regardless of the construction of this case.

B. In full view of the judgment, G appraisal results, and the purport of the entire pleadings as a result of supplementary appraisal, the construction of this case expanded the existing cracks, water leakages, etc. of the damaged housing units, and new defects, such as the water leakages of underground floors, have occurred. In implementing the construction of this case, the Defendant did not cause damage to neighboring housing residents, and did not cause damage to neighboring housing residents.

유사 판례

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