(영문) 서울동부지방법원 2018.11.27 2017가단107811

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(영문) 서울동부지방법원 2018.11.27 2017가단107811

손해배상(기)

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1. The Defendants shall jointly:

A. From October 8, 2016 to October 23, 2018, KRW 6,023,612 to the Plaintiffs and their related costs.

Reasons

1. Occurrence of liability for damages;

A. Each of the statements and images of Gap evidence 1 through 11 (including paper numbers), and the appraiser K's appraisal result added to the purport of the entire arguments, it is found that the following facts are acknowledged, and the descriptions and images of Eul evidence 1 through 5 (including paper numbers) are insufficient to reverse them.

(1) The Plaintiffs are the owners or 1/2 equity holders of the Gwangjin-gu Seoul Special Metropolitan City LBD (hereinafter “instant building”).

(Plaintiff D is a building owner who removes a building located outside M of Gwangjin-gu, Seoul and newly constructs a 6th floor house on the ground. Defendant I and J are the companies that contracted the above removal work by Defendant I and J.

(3) After the Defendants continued to perform removal works on October 8, 2016, they stored construction wastes generated in the course of construction, and the occurrence of an accident attributable to the neighboring building due to the collapse of the said wastes.

(4) The instant building caused damage to the columns, walls, and fences, etc. due to the said accident.

B. According to the above facts, the defendants are liable to compensate for the above damages since they did not fulfill their duty of care in the process of removal and new construction, which caused damage to the building of this case owned by the plaintiffs.

2. Scope of liability for damages

A. Specific damage details (1) According to the entries in Gap evidence 7 and 10 as well as appraiser K’s appraisal, it is necessary to repair the rupture and damaged part of the columns of the first floor parking lot of the instant building, and the rupture was found that the rupture of the first floor parking lot of the instant building was found and the rupture was generated in the part of the columns of the first floor parking lot of the instant building, and the rupture was found to have occurred due to shock caused by the fall of wastes during the construction of the adjacent multi-family housing construction, and it is necessary to repair the rupture and damaged part of the columns with cement mortar and painting after removal.

유사 판례

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