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Reasons
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(영문) 서울중앙지방법원 2016.05.13 2013가합553120
손해배상
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1. The Defendant’s KRW 8,208,00 for the Plaintiff and the following: 5% per annum from November 14, 2013 to May 13, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a gas station C in Young-gu, Suwon-si (hereinafter “instant building”).

2) The Defendant is a contractor of the D Nowon-gu Construction Works (hereinafter “instant construction”) that was undertaken near the instant building.

B. 1) From April 8, 2005 to December 31, 2013, the instant construction was carried out in Suwon-si, Young-gu, Seo-gu, and Ho-gu, and excavation construction was carried out at approximately 20 meters away from the instant building and approximately 20 meters away from the construction site. (2) The Defendant carried out an advance survey and measurement and management of the instant building within the scope of the impact of the construction before the instant construction commencement, and observed some cracks and elegies before the instant construction.

3) In the process of the instant construction work, frequent vibration and noise had been generated, and there had been intrusions due to the underground water level change due to the excavation work. 4) At present, the instant construction work was completed and is used as a round-down six-lane road.

C. 1) The instant building is a third floor building on which the approval for use was obtained on December 14, 2001, with a defect such as the heat of external floors and walls, the height and subsidence of the floor abutting on the building at the time of the instant appraisal (hereinafter “instant defect”).

2) 8,208,00 won is required at the cost of the repair of the defect in this case.

[Reasons for Recognition] In the absence of dispute, Gap's evidence Nos. 1 through 4, 11, Eul's evidence Nos. 3, 4, and 6, and the appraiser E (hereinafter " appraiser"), the result of each inquiry inquiry into the appraiser of this court (hereinafter "the appraiser's results") and the purport of the whole pleadings.

2. The parties' assertion

A. Ground subsidence of the instant building due to the instant construction works by the Plaintiff Defendant.

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