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1. The Defendant’s KRW 86,693,214 as well as the annual rate of KRW 5% from December 3, 2016 to May 1, 2019, and the following.
Reasons
1. Basic facts
A. The plaintiff is a company for the purpose of the vehicle gambling business, which is the owner of the two-story factory (Dong-dong) of Busan Hagu-gu C, D, E, F land (hereinafter "the land in this case") and one-story factory (goods storage), 2-story factory of general steel structure reinforced concrete roof (office building), general steel-frame structure sloping roof, 2-story factory (Dong-dong), general steel-frame structure, reinforced concrete structure and reinforced concrete structure and other four-story factory (factory-dong), and the defendant is a company for the execution of G construction (hereinafter "the construction in this case") from Busan Maritime Transportation Corporation under contract with the Busan Maritime Transportation Corporation (hereinafter "the construction in this case").
B. From November 4, 2009 to December 31, 2016, the Defendant performed the instant construction work, and performed excavation work in the vicinity of the instant land. The Defendant had considerable vibration and shocked when performing the said construction work, and due to the vibration and shock, the defect, such as rupture and damage, occurred in the wall, floor, etc. of each of the instant buildings or the existing defect was expanded.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7, 8 (including a tentative number; hereinafter the same shall apply), Eul evidence Nos. 1, appraiser H and I's result of each appraisal, the purport of the whole pleadings
2. The Defendant, as the contractor of the instant construction, is obligated to compensate the Plaintiff for the repair cost incurred in relation to the instant land and each of the instant buildings, as well as for the repair cost incurred in relation to the instant building and the expenses incurred in the ground reinforcement work on the guard room and the main entrance and exit room (107,370,000 won) and the damages incurred therefrom.
3. Determination on the cause of the claim
A. The proof of causation in civil litigation in the occurrence of liability for damages is the fact that the causal relationship has been proved.