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(영문) 수원지방법원여주지원 2020.08.25 2019가단52039
손해배상(기)
Text

1. As to Defendant C and D’s 101,786,345 won and 91,786,345 won among them, Defendant C and D’s 101,786,345 won jointly for the Plaintiff, from October 8, 2017, and 10.

Reasons

In fact, the Plaintiff is the owner of 660 square meters in the E warehouse site (hereinafter referred to as “Plaintiff-owned land”).

Defendant B is the owner of F-based land for F-41 square meters (hereinafter “F-land”) at the inn city located immediately adjacent to the instant land.

Plaintiff

There was a storage of the first floor owned by the Plaintiff (hereinafter “instant warehouse”) over the land and the three adjacent lots, and there was a retaining wall owned by the Plaintiff (hereinafter “instant retaining wall”) around the boundary of the Plaintiff’s land and the F land.

On September 12, 2016, Defendant B obtained a construction permit for the construction work (hereinafter “instant construction work”) with respect to F-land building area of 259.36 square meters, total floor area of 97.67 square meters, business facilities of 7 stories above ground (office) and multi-household housing (after that, July 13, 2017, the building area of 197.75 square meters, total floor area of 97.06 square meters, and 9 stories above ground).

Defendant C and D are the joint contractors of the instant construction project.

G on September 27, 2017, after being awarded a contract for the construction of soil facilities during the instant construction, G commenced around that time.

However, around 17:00 on October 8, 2017, soil erosion of the Plaintiff’s land immediately adjacent to F land, caused the collapse of the ground, and accordingly, the retaining wall and warehouse of this case, which were on the land owned by the Plaintiff, was collapsed, and the occurrence of cracks and subsidences on the outdoor concrete floor of this case (hereinafter “instant accident”).

On October 8, 2017, the perpetrator C, D, and the owner of the damaged building, in relation to the collapse of the ground warehouse on the land owned by the Plaintiff, agree as follows:

1) Date and time: At around 17:00 on October 8, 2017: Innju City F (E) the collapse of the existing warehouse and retaining wall that happens due to the collapse of earth and sand during the construction, 2) the perpetrator 1: C, 2: D3) the victim (the warehouse owner: A:

2. Terms and conditions of agreement (1) A perpetrator shall be paid 10 million won, which is part of 20 million won for consolation benefits to the victim.

(2) An offender shall boundary a site.

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