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(영문) 제주지방법원 2020.08.18 2018가단3495
손해배상(환)
Text

1. Defendant E Co., Ltd. shall pay to the Plaintiff KRW 84,963,00 as well as the interest rate from May 16, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s members reside in the G on the ground of the F and three lots (hereinafter “instant apartment”) in Jeju city, and Defendant B and C are the implementers (hereinafter “Defendant implementer”) who newly built and sell a hotel on the H on the ground of Jeju city adjacent to the said lot number (hereinafter “instant hotel”). Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd”) is the starting work for the instant hotel construction work.

B. Noise, vibration, etc. generated in the course of the construction of the instant hotel was damaged to the instant apartment and residents, and the progress of the construction was delayed due to the filing of a civil petition.

C. The Plaintiff and the Defendant Company consulted several times in order to resolve disputes arising from the construction of the instant hotel, and on June 29, 2015, agreed as stated in the separate agreement (hereinafter “instant agreement”). D.

Pursuant to paragraph (9) of the instant agreed terms, the Defendant implementer paid KRW 200,000,000 to the Plaintiff on July 31, 2015, and KRW 120,000,000 on June 14, 2016, and the Defendant Company paid KRW 100,000,000 on August 4, 2015, and KRW 120,000,000 on September 7, 2015, respectively.

E. The costs of installing a screen facility under Articles 3 and 6 of the instant agreed terms are KRW 12,841,00; the costs of installing a fence are KRW 916,00; the cost of washing outside the apartment building of this case; the cost of washing KRW 4,732,00; and the cost of painting the outer wall of the building of this case is KRW 66,474,00.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, Eul 1 and 2, each entry (including numbers; hereinafter the same shall apply), the appraiser I's appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants were jointly and severally liable to implement the instant agreed terms and conditions, but did not perform the obligations set forth in paragraphs 3 and 6 of the instant agreed terms and conditions.

The defendants are jointly and severally liable for the total of 84,963,00 won, including the cost of installing screen facilities according to the above agreed terms.

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