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(영문) 대전지방법원 2017.02.15 2016가단204940
손해배상(기)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 105,743,00 and Defendant B Co., Ltd. from March 22, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the party’s position 1) The Plaintiff’s “the 4th floor neighborhood living facilities building of reinforced concrete structure sloping in Sejong City D” (hereinafter “instant building”).

(2) Defendant C is the owner of the instant building, who is the owner of E and F in Sejong City adjacent to the instant building, and is the owner of the instant construction project that constructs complex G facilities on the ground (hereinafter “instant construction”). Defendant B Co., Ltd. (hereinafter “Defendant B”) is the company that was the owner of the instant construction project.

B. Around March 21, 2014, Defendant B commenced construction works upon entering into a contract with Defendant C to perform the instant construction works on or around May 2014, but suspended the instant construction works on or around December 2014 due to the dispute with Defendant C.

C. 1) Damage, such as ground subsidence of the instant building, was caused by the instant excavation work, which did not result in an erosion on the instant building itself; however, the instant building itself does not have an erosion. However, it is deemed that the instant building, other than the stormed water, erosion over the entire site (including septic tanks, total area of 196.68 square meters) (hereinafter referred to as “influence of the instant building”).

(2) The construction site of this case (C.I.P) was located at approximately 16-17 cm in depth. The main cause is “the level of groundwater level due to the c.I.P. of the site of this case and the low-water level due to the c.I.P.) construction of water walls, the ground-breaking and the pressure of groundwater pressure.” (2) At the Plaintiff’s request for repair on the part below the ground of the building of this case around September 2014, Defendant B had the ground subsidence construction on the part below the ground of the building of this case, but the fundamental problem was not resolved.

3) In order to restore the subsidence of the building of this case to its original state, ① cement cement tightsing, ② to remove and reconstruction concrete septic tanks (200 square meters, 40 square meters), ③ to remove and reconstruction the concrete floor (150 meters thick). The total expected cost is KRW 105,743,00. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 8 (including number; hereinafter the same shall apply).

. B.

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