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(영문) 부산지방법원 2018.11.07 2018나43538
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, given that it is identical to the reasons for the judgment of the court of first instance, except for the parts that are dismissed or added by the court of first instance, the same is acceptable in accordance with the main sentence of

2. Part V of the judgment of the court of first instance to be dismissed or added is as follows: (a) one to three parallels in the judgment of the court of first instance are as follows.

In light of the following circumstances, the evidence presented earlier than the above facts, evidence Nos. 3-1, 2, 2-2, 3-2, and 3-1, and 3-2 of the evidence Nos. 3-1, and the overall purport of the pleadings, even if all of the evidence presented by the Plaintiff, including the evidence Nos. 17 and 18 of the above-mentioned facts, were examined, the Defendants agreed to newly construct the 7th floor building on the basis of the Plaintiff’s cost in order to compensate the Plaintiff for the damages incurred to the Plaintiff’s previous building in the course of constructing a neighborhood living facility, or it is difficult to recognize that the Defendants jointly and severally agreed to pay the Plaintiff the amount exceeding the net construction cost or estimated sales cost due to the Plaintiff’s property damages related to the Plaintiff’s previous building, and there is no other evidence to acknowledge otherwise. 5th and second of the judgment of the first instance and

④ The Plaintiff asserts to the effect that the Defendants are jointly and severally liable to pay the amount exceeding net construction cost or estimated sales cost to the Plaintiff, because it is difficult to calculate the amount of property damages arising from the cracks or sediment phenomenon caused by the Plaintiff’s existing building.

The Plaintiff’s previous building was a second floor building on July 19, 1975, and around September 2015, the Defendants had already been 40 years old since the time when the Defendants constructed a new neighborhood living facility building. The Plaintiff’s or the Plaintiff’s family members were leased without residing in the said second floor building.

The first floor lessee J on December 7, 2015 and December 2015 to the Plaintiff.

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