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(영문) 서울중앙지방법원 2015.11.10 2014가단5006094
손해배상(기)
Text

1. The Defendant’s KRW 400,736 as well as the Plaintiff’s annual rate from November 25, 2012 to November 10, 2015.

Reasons

1. Basic facts

A. In order to implement a housing reconstruction project (hereinafter “instant construction project”) on the land outside Seoul Jongno-gu Seoul Metropolitan Government F and 14 lots of land outside 7,900.80 square meters, the E-building rearrangement cooperative (hereinafter “instant association”) contracted the instant construction project to Hyundai Industrial Development Co., Ltd. (hereinafter “Modern Industrial Development”), and Hyundai Industrial Development subcontracted the said construction project to the Plaintiff during the said construction project.

(2) The Defendant, as an occupant of G apartment located in the vicinity of the instant construction site, organized an Emergency Countermeasure Committee (the name of the Countermeasure Committee around October 2012, hereinafter “Terrorism Committee”) to prevent the instant association from commencing the instant construction project, which was promoted by the instant association.

(3) ① Nonparty B was the Chairperson of the Countermeasure Committee from January 2008 to September 2012; ② Nonparty C was the Chairperson of the Countermeasure Committee from October 2012 to January 2013; ③ the Defendant was the Vice Chairperson of the Countermeasure Committee from October 2012 to the Countermeasure Committee; and ④ the Chairperson of the Countermeasure Committee from March 24, 2013 to the end of December 2012.

B. The construction site of this case is adjacent to G apartment and H apartment. The construction site of this case and the above apartment are installed with a retaining wall (G apartment 113 Dong, 114 neighboring Dong, 15.1m high, 175m in length), 11 retaining wall (G apartment 107 Dong, 110 Dong, 110 Dong, 9.7m in height, 114.5m in length), 11-1 retaining wall (G apartment 107 Dong, 10 Dong, 109.5m in height, 114.5m in length), 11-1 retaining wall (G apartment 107 Dong, 107 Dong, 15m in height, 46m in length), 11-1 retaining wall (H apartment 114 Dong, 113.2m in height, 13.7m in length, 56.7m in length).

The above retaining wall is combined with “the retaining wall of this case”.

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