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1. The Defendants: (a) KRW 24,757,200 for each Plaintiff and KRW 5% per annum from December 5, 2015 to August 27, 2015.
Reasons
1. Basic facts
A. The Defendant Namyang Development Co., Ltd. (hereinafter “Defendant Namyang Development”) is a contractor who, from November 201, performed the construction work of removing buildings and constructing new apartments in schools (Chigh schools and middle schools) located on the ground outside B and 8 lots of land in Tong Young-si from around November 201, through through through Dong-si, and the Defendant Gold MineN Co., Ltd. (hereinafter “Defendant Geum-gu”) is a subcontractor who subcontracted the removal of the building in the above construction work (hereinafter “instant construction work”) from the Defendant Namyang Development to perform the said construction work.
B. The Plaintiff is the owner of the building indicated in the attached Table No. D (hereinafter “Plaintiff’s building”) located on the ground adjacent to the said construction site in Dong Young-si.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. Determination as to the defendants' claim for defect repair expenses
A. The Plaintiff’s assertion that the instant construction project implemented by Defendant Gold Mine Development had a defect such as equal heat in the Plaintiff’s building. As such, Defendant Gold Mine Development is a tort, Defendant Namyang Development is an employer of Defendant Gold Mine Development, and Defendant Namyang Development is liable to compensate for the damages equivalent to the remuneration cost incurred by each Plaintiff, 41,137,000 won (the repair cost of KRW 27,509,000 rooftop flooding cost of KRW 13,629,00) and damages for delay.
B. (1) In full view of the results of the appraisal of each of Gap evidence Nos. 1-1-1-15 and appraiser E, the court's appraisal of the defects in this case's appraisal of appraiser E, it can be acknowledged that the defects such as rupture, rupture, leakage, etc. in the plaintiff's house have occurred due to the construction of this case's work executed by the defendant Geum-NN, as shown in the attached Form No. 1. Thus, if the construction of this case is implemented, it can be sufficiently anticipated that damage such as rupture rupture, etc. will occur to adjacent buildings due to vibration, shock, etc. in the construction site.