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(영문) 대전지방법원 서산지원 2017.04.26 2015가단54440
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of four-story neighborhood living facilities and inn (hereinafter “the instant building”) with the fourth floor of reinforced concrete structure in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant B is the owner of D-do, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, 167 square meters adjacent to the instant building.

B. Around April 2015, Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) contracted for the Maur Construction Work from Defendant B (hereinafter “Defendant Co., Ltd”) implemented the Maur Construction Work on the ground above D’s ground (hereinafter “instant construction”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Claim against the defendant company

A. In full view of the above basic facts and the purport of the entire argument as a result of appraiser E’s appraisal, the defendant company should not only anticipate the damage inflicted on the building of this case due to the construction of this case and prepare sufficient measures to do so, but also have a duty of care to do construction not to cause damage to the building of this case during the process of construction.

Nevertheless, the Defendant Company neglected to perform such duty of care and did not take sufficient measures to prevent damage to the instant construction work, and thereby, caused cracks in outer walls and interior walls, roof wavepets, balcony, toilets, stairs, fences, fences, floors, flowers, and outer manle, etc. of the instant building, and the string and painting of the instant building was destroyed due to excellent inflows.

Therefore, the Defendant Company is obligated to pay the amount equivalent to the cost of repairing the said defects arising from the instant construction works as compensation for damages.

B. In addition to the purport of the entire pleadings as a result of appraisal by appraiser E within the scope of compensation for damages, 30% of the contribution of the instant construction to the said defects arising from the instant building.

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