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(영문) 청주지방법원 2016.08.10 2015가단7732

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. There is no dispute between the parties that the Defendant entered into a contract for construction works with the Plaintiff around 2014 and the Defendant’s completion of waterproof construction works among building construction works for ground neighborhood living facilities 62-2 in Chungcheongnam-do.

2. The assertion and judgment

A. The plaintiff asserts that the defendant is responsible for compensating the plaintiff for the damages caused by the defect in the construction of the balcony waterproof (non-fluort) construction of the fourth floor constructed by the defendant, which caused water leakage and damage to the corrosion and damage of the building.

B. According to the appraisal by the appraisal by the appraiser A, even though the fact that there is a trace of water leakage on the lower part of the above fourth floor of the building, there is no evidence to acknowledge that such water leakage is caused by the waterproof defects of the balcony floor executed by the Defendant. Rather, according to the above evidence, there is no other reason, not the defects of the non-rain rain and coal flood control constructed by the Defendant, i.e., the upper part of the water level on the design, which is lower than 10 meters above the surface of the building, is lower than 10 meters above the surface of the building, and it is merely recognized that some water has broken out at the lower part of the upper part of the building in Ycheoncheon-si, by forming a water level equal to the height of the water level at which the water level is high, and that the water has broken

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without any need to examine the remaining issues, and it is so decided as per Disposition.