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Xinhua Daily Press v. Nanjing Huaxia Industrial Co., Ltd. (Dispute over Compensation for Tort in Adjacent Relationship)
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新华日报社诉南京华厦实业有限公司相邻关系侵权损害赔偿纠纷案
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【法宝引证码】
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- Type of Dispute：
Civil--＞Property --＞Ownership
- Legal document：
Judgment
- Judgment date：
05-13-1996
- Procedural status：
Trial at Second Instance
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Xinhua Daily Press v. Nanjing Huaxia Industrial Co., Ltd. (Dispute over Compensation for Tort in Adjacent Relationship)
(Dispute over Compensation for Tort in Adjacent Relationship)
新华日报社诉南京华厦实业有限公司相邻关系侵权损害赔偿纠纷案
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Xinhua Daily Press v. Nanjing Huaxia Industrial Co., Ltd.
(Dispute over Compensation for Tort in Adjacent Relationship) | | 新华日报社诉南京华厦实业有限公司 |
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相邻关系侵权损害赔偿纠纷案 |
BASIC FACTS | |
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Plaintiff: Xinhua Daily Press. | |
原告：新华日报社。 |
Legal Representative: Liu Xiangdong, editor-in-chief of the Press. | |
法定代表人：刘向东，该社总编辑。 |
Authorized Agent: Xu Yayi, deputy manager of Management Department of the Press. | |
委托代理人：徐亚怡，该社经理部副经理。 |
Authorized Agent: Liu Zezhen, lawyer of Nanjing No. 1 Law Firm. | |
委托代理人：刘泽震，南京市第一律师事务所律师。 |
Defendant: Nanjing Huaxia Industrial Co., Ltd. | |
被告：南京华厦实业有限公司。 |
Legal Representative: Shao Renlong, board chairman of Huaxia Company. | |
法定代表人：邵人龙，华厦公司董事长。 |
Authorized Agent: Xu Suping, lawyer of Nanjing Finance and Securities Law Firm. | |
委托代理人：徐苏平，南京金融证券律师事务所律师。 |
Xinhua Daily Press, the plaintiff, brought a lawsuit with the Higher People's Court of Jiangsu Province (hereinafter referred to as Jiangsu Higher Court) against Nanjing Huaxia Industrial Co., Ltd. (defendant, hereinafter referred to as Huaxia Company) for the dispute over compensation for tort in adjacent relationship. | |
原告新华日报社因与被告南京华厦实业有限公司（以下简称“华厦公司”）相邻关系侵权损害赔偿纠纷一案，向江苏省高级人民法院提起诉讼。 |
Xinhua Daily Press alleged that, during the period when laying foundation for Huarong Building which is 20 meters away from Xinhua Daily Press, Huaxia Company pumped and discharged large amounts of groundwater for construction undertaking. As a result, the ground of the Printing Factory of Xinhua Daily Press sank, its workshops were chapped in several positions, the bases of 3 imported printing machines and 4 domestically produced printing machines within the factory moved, the printing machines were damaged seriously, and the Printing Factory suffered from 13.99 million yuan of economic losses. Xinhua Daily Press pleaded the court to order Huaxia Company to make compensation and bear relevant litigation costs. | |
原告新华日报社诉称，被告在建设与原告相距２０米的华荣大厦而进行的基础工程期间，因施工大量抽排地下水，使原告印刷厂地面下沉，厂房墙体多处开裂，厂内３台进口印刷机和４台国产印刷机的基础移位，印刷机受到严重损伤，造成经济损失１３９９万元，请求法院判令被告赔偿并承担有关诉讼费用。 |
Huaxia Company argued that Xinhua Daily Press' losses were caused by the basic engineering project construction undertaker of Huarong Building, and should be compensated by the construction undertaker; Xinhua Daily Press brought the lawsuit after expiry of the limitation of action and thus had lost the right to win the lawsuit; Xinhua Daily Press' claims should be handed over to the administrative department for settlement. Huaxia Company pleaded the court to reject Xinhua Daily Press' litigation claims. | |
被告华厦公司辩称，原告损失是华荣大厦基础工程施工单位造成的，应由施工单位赔偿；原告超过了诉讼时效起诉已丧失胜诉权；原告的请求应交由行政部门处理。要求驳回原告的诉讼请求。 |
It was found out by Jiangsu Higher Court after trial that, Huarong Building, which was built with Huaxia Company's investments, is adjacent to Xinhua Daily Press. On January 15, 1991, Nanjing Huaxia House Property Development Construction Co., Ltd. (renamed as “Huaxia Company” later) was formally established by Nanjing Real Estate Development Company and Hong Kong Dunheng Investment Co., Ltd. in the form of joint venture. In April of the same year, the laying of foundation of Huarong Building was started according to the construction undertaking program adopted by Huaxia Company and other relevant entities after argument. One month later, the construction stopped after the ground near the construction undertaking site was found to be sinking. After Huaxia Company and the relevant entities adopted the construction undertaking improvement program through argument on June 15, the foundation laying was continued. In mid-October, Xinhua Daily Press found the walls and ground of the workshop of its printing factory chapped, its 3 offset printing presses imported from Germany abnormal, the printing quality of its newspapers becoming obviously inferior, and the printing machines seriously damaged. But the damage to the walls of the workshop did not endanger the safety of its staff. Then, Nanjing Municipal People's Government sent functionaries to convene relevant entities and experts to discuss about the issue. After remedial measures were taken, the sinking of the ground of the Printing Factory of Xinhua Daily Press was effectively controlled, but the damages to the workshop and the printing machines were still not resolved. Civil Engineering & Architectural Society of Nanjing, National Printing Machinery Quality Supervision and Inspection Center, and Jiangsu Provincial Earthquake Administration, etc., which were entrusted by Xinhua Daily Press, held after authentication that the damages to the workshop and printing machines of the Printing Factory of Xinhua Daily Press were directly caused from the large-amount pumping and discharge of groundwater for undertaking the construction of the basic engineering project of Huarong Building. On July 10, 1992, Xinhua Daily Press reported to Nanjing Municipal People's Government for demanding Huaxia Company to compensate for the losses, but failed. Then, it claimed directly against Huaxia Company, but failed again after negotiations. Xinhua Daily Press sued to the court on June 30, 1994, claiming against Huaxia Company for compensation for property losses. | |
江苏省高级人民法院经审理查明，被告华厦公司投资建设的华荣大夏与原告新华日报社相邻。１９９１年１月１５日，南京市房地产开发总公司与香港敦恒投资有限公司合资的南京华厦房产开发建设有限公司（后更名为“华厦公司”）正式成立。同年４月，该公司投资建设的华荣大夏的基础工程根据被告及有关单位论证通过的施工方案开始施工，一个月后发现施工现场附近地面下沉即停止施工。同年６月１５日，被告及有关单位又论证通过了施工修改方案后，基础工程继续施工。１０月中旬，新华日报社发现其印刷厂厂房墙壁、地面开裂、３台德国进口的胶印机出现异常，报纸印刷质量明显下降，印刷机严重受损，厂房墙体损害并危及人员安全。对此，南京市人民政府派员召集有关单位、专家商讨，采取补救措施后，新华日报社印刷厂地面沉降才得到有效控制，但厂房、印刷机受损方面的处理并未涉及。经新华日报社委托的南京土木建筑学会、国家印刷机械质量监督检查中心及江苏省地震局等单位鉴定认为，新华日报社印刷厂厂房和厂内印刷机受损的直接原因是华荣大厦基础工程施工大量抽排地下水造成。１９９２年７月１０日，新华日报社向南京市人民政府报告要求华厦公司赔偿损失，但未得到解决，遂直接向华厦公司索赔，经交涉未果。１９９４年６月３０日，新华日报社向法院起诉，要求华厦公司赔偿财物损失。 |
It was found out that, (1) Xinhua Daily Press' existent losses included the following: 179,504 yuan of fees for retaining domestic and foreign experts to adjust the printing machines; 31,893.5 yuan of margin expenses for hiring others to print partial newspapers during the period when the experts repaired and adjusted the printing machines; 6,796.4 yuan of accommodation expenses for German experts to come to Nanjing to repair the printing machines; 3,000 yuan of authentication fee paid to Civil Engineering & Architectural Society of Nanjing; a total amount of 118,100 yuan of authentication fee, evaluation fee, traffic expenses and accommodation expenses paid to the National Center of Quality Supervision and Inspection for Printing Institutions; 47,600 yuan of consulting and authentication fees paid to other relevant entities. (2) Xinhua Daily Press' inevitable losses included: 7.65 million yuan of funds for purchasing necessary parts and components for repair of the imported printing machines, 2.44 million yuan of customs duty and VAT payable for purchasing the said parts and components; a total amount of 1.9 million yuan of dismantling fees, transport expenses, custody fees, installation fees, adjustment fees for dismantling the printing machines; 1,506,686.38 yuan of necessary basic engineering costs for repairing and fortifying the workshop as well as remaking the printing machines. Xinhua Daily Press' above existent losses and its upcoming losses totaled 13,883,580.28 yuan.
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经查，１、新华日报社已损失为：请国内外专家调校修理印刷机费用１７９５０４元；在专家修理调校印刷机期间请他人代印部分报纸费用差额３１８９３．５元；德国专家来南京修理印刷机食宿费６７９６．４元；南京土木建筑学会鉴定费３０００元；国家印刷机构质量监督检验中心鉴定费、评估费、交通费、食宿费共计１１．８１万元；其他有关单位咨询、鉴定费４．７６万元。２、新华日报社必将继续受损失的为：修理进口印刷机必须进口的零部件购置费７６５万元，购置该零部件需交关税及增值税２４４万元；拆除印刷机需拆除费、运输费、保管费、安装费、调校费等计１９０万元；维修加固厂房和重做印刷机基础所需工程费１５０６６８６．３８元。原告上述已损失和即将损失总计人民币１３８８３５８０．２８元。
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