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(영문) 인천지방법원 2016.12.15 2015가합51186
손해배상(기)
Text

1. Defendant Hyundai Industrial Development Co., Ltd.: (a) KRW 41,655,417 and its amount from January 9, 2016 to December 15, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Seo-gu Incheon Metropolitan City B B Dae-gu B, 2041m2 (hereinafter “instant land”) and the brick slock slock slock slock slock slock slock slock slock slock slock slock slocks (hereinafter “the building 1”), and outside toilets of reinforced concrete slock slocks (hereinafter “the building 2”); when each of the above real estate owned by the Plaintiff is collectively named, the Defendant Hyundai Industries Development Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the company that contracted from the Urban Railroad Construction Headquarters, the affiliated organization of Incheon Metropolitan City, to the Seo-dong Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, for the extension of the Incheon Urban Railroad 2 Construction Co., Ltd. (hereinafter “instant construction”).

B. The Defendant Company, while carrying out the instant construction, performed underground excavation works, etc. up to 21 meters in depth in underground to install ventilation towers on the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon. When the above excavation works were carried out, considerable vibration and shock occurred when the above Defendant carried out the above excavation works, and due to such vibration and shock, any defect, such as rupture, water leakage, mash damage, etc., occurred or existing defects occurred in the wall and floor of each of the instant real estate, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 4, 6 through 9 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence or video, appraiser E, and F each appraisal result, the purport of the whole pleadings

2. The Plaintiff’s assertion, vibration, shock, etc. occurred in each of the instant real estate owned by the Plaintiff due to the construction of the instant construction project and the vibration, impact, etc. generated during the construction process. As the contractor of the instant construction project, the Defendant Incheon Metropolitan City is the contractor of the instant construction project and the contractor of the instant construction project, and the Defendant Company is jointly and severally liable to compensate the Plaintiff for the property damage amounting to KRW 81,625,659 and mental damage incurred to the Plaintiff.

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