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1. The Defendant: KRW 83,060,450 for the Plaintiff and KRW 5% per annum from December 12, 2012 to February 12, 2015; and
Reasons
1. Occurrence of liability for damages;
A. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 4 through 6, 11 through 14; and (c) evidence Nos. 1, 2, and 2 (including the serial numbers; hereinafter the same shall apply); (d) each appraisal result of appraiser B, and C; and (e) the fact inquiry results of this court and the whole purport of the pleading against B and C.
(1) The Plaintiff is indicated as four floors in the registry and general building registry of five floors of reinforced concrete structure (refinite reinforced concrete roof) in Busan-gu, Busan-gu, Busan-do.
A person who newly constructed a building (hereinafter “instant building”) and obtained approval for use on November 1, 2007 and completed registration of preservation of ownership on November 22, 2007, and engages in the wedding photographing business in the name of “E” on the instant building.
The Defendant is a contractor that carries out construction works of officetels (hereinafter “instant construction works”) from F adjacent to the instant building.
(2) The Defendant commenced excavation work around May 2012 and commenced the instant construction work.
(3) The Defendant requested the Dae Young Building Technical Group Co., Ltd. (hereinafter “Large Building Technical Group”) to conduct a prior safety inspection on five buildings adjacent to the construction site including the instant building.
Through on-site investigations from May 11, 2012 to May 15, 2012, the Presidential Structure C established the building of this case in Category A in accordance with the criteria for the assessment of the state of “standards for the assessment of the fluence of the building” under the “Guidelines for Safety Inspections and Precise Safety Diagnosis,” prepared by the Korea Infrastructure Safety Technology Authority, with regard to the utilization of the building of this case, under the assessment of the state of “standards for the assessment of the fluence of the building” (each side) within 1/750 of the contents of the “standards for the assessment of the state of the fluence of the building”, and within 1/150 of the limit of the generation of the fluence of the structure within Category C1/250 of the limit of the fluence of the structure, which is anticipated to be damaged within 1/150 of the gradient of the structure.