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(영문) 인천지방법원부천지원 2019.11.13 2018가단121808
손해배상(기)
Text

1. The Defendant’s KRW 4,659,014 as well as the Plaintiff’s KRW 5% per annum from October 22, 2019 to November 13, 2019.

Reasons

1. The Plaintiff, without dispute, is the sectional owner of Bupyeong-si Carryover (hereinafter “instant loan”) D, and the Defendant is the contractor of the extension work of the F Hospital Hospital Byung-dong (hereinafter “instant construction work”) in the neighboring Seocheon-si and 10 square meters, there is no dispute between the parties.

2. Summary of the parties' arguments;

A. The Plaintiff is the cause of the instant claim. Since the Defendant’s negligence on the part of the construction in the construction of the instant case caused cracks, ground subsidence, etc., the Defendant sought compensation of KRW 16,682,950 in the cost of ground reinforcement repair, KRW 6,114,85 in the cost of external floor reconstruction, KRW 65,425 in the cost of external floor reconstruction, KRW 110,690 in the cost of maintenance of rooftops, KRW 73,444 in the cost of alteration of trees, KRW 73,827 in the cost of repair, and KRW 27,092,450 in the sum of KRW 110,692,450 in the cost of maintenance of the ground, KRW 6,114,85 in the cost of repair of the external floor, and KRW 73,444 in the back of the project.

B. As to this, the Defendant did not mean the instant construction work, such as rupture and ground subsidence, etc., and even if the instant construction work was caused, considering the deterioration of the instant rupture, etc., the Defendant asserted that the Plaintiff, which is only one of the sectional owners, could not seek damages from the entire portion.

3. Determination

A. Comprehensively taking account of the entire purport of the argument as a result of appraiser G’s appraisal, the construction of the instant case caused subsidences on the instant loan site; and due to erosion, the Defendant repaired the instant loan site between the instant loan and the ground; however, the Defendant’s repair was made; however, there was a partial regenerating of the flapet flab’s flab’s flab’s flab’s flab’s flab’s flab’s repair; due to erosion, 22,863,260 won = (a total of 16,682,950 won) for ground reinforcement expenses = 6,14,850 external floor reconstruction expenses; and (b) flaf’s flaf’s flab’s flab’s flaf’s flaf’s flad.

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