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(영문) 서울중앙지방법원 2019.05.03 2018가단5078561
손해배상(기)
Text

1. The Defendant’s KRW 37,984,00 for the Plaintiff and KRW 5% per annum from April 27, 2018 to May 3, 2019.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is a corporation that engages in the business of interim construction waste disposal business, civil engineering business, etc., and the business of dismantling civil engineering work, installation and structure, etc., and the Defendant, on September 7, 2017, as a corporation that was conducted by D Co., Ltd. (hereinafter “D”) on September 9, 2017, to remove the Seocho-gu Seoul E apartment reconstruction project (hereinafter “instant removal work”) from September 31, 2017 to March 31, 2018, paid the amount of construction cost of KRW 3,056,00,000 (excluding value-added tax) according to the monthly rate of the progress of construction work, and received the payment jointly with the Plaintiff and the Defendant by setting it as 5:5.

Since then, the plaintiff and the defendant divided half of the removal works of this case into one another and proceeded with the removal of each of the removal works.

B. However, around 09:05 on December 22, 2017, the Defendant: (a) at least three meters of a scarcity plesy wall in the process of the removal of the instant case; and (b) at least three meters of a chest plesy wall should be removed from the front and rear plesy wall; and (c) at least three meters of a scarcity plesy wall should be removed from the front and rear plesy wall; and (d) there was an accident that collapses of a scar

(hereinafter referred to as “instant accident”). C.

When the instant accident occurred, on December 22, 2017, the Seocho-gu Office sent to D an official door, “the direction to take safety measures for the removal of the building site and to suspend the removal of the building”, and ordered D to suspend the removal of the instant building.

According to the Seocho-gu Office’s order to suspend construction, the removal of this case was suspended from December 22, 2017, and thereafter, a decision to resume construction around 19:00 on January 5, 2018 was made, and the Plaintiff resumed construction from January 8, 2018.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 17 (if there are virtual numbers, including various numbers; hereinafter the same shall apply)

2.2.2.3

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