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(영문) 서울서부지방법원 2016.11.25 2015가단232401

하자보수금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,035,395 and the interest rate of KRW 15% per annum from October 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 16, 2014, the Plaintiff, who was awarded a contract for a bowling site construction in Sungnam-gu, Sungnam-si, subcontracted the Defendant with the following specifications:

First, the defendant estimated some of the parts to be used as the product that passed the Korean Industrial Standards (KS), consulted to reduce the amount, and changed it to the equipment (BS) with low strength. Accordingly, the difference in the estimated amount is value-added tax separately and 2.28,00 won.

Article 2 (Scope of Contract) (1) The defendant shall perform the construction work in accordance with the terms and conditions of the contract and design documents.

Article 8 (Construction of Original Products) (1) The original parts of goods used by the defendant during construction shall be new products, and their quality, name, etc. shall conform to the design drawings, and the goods not specified in the design drawings shall be the most suitable products to achieve the purpose of the contract and construction.

(2) A/S used in the above contents shall be carried out in accordance with the provisions of an enterprise which manufactures or supplies the finished products, and the defendant shall faithfully fulfill A/S within such period.

Provided, That it shall be borne by the plaintiff after completion of construction work.

B. The Defendant completed the said large construction from December 27, 2014 to March 6, 2015, and entered D directors, the Plaintiff’s field supervisor, into the written estimates presented by the Defendant, stating “construction completion according to the above details.”

C. On March 18, 2015, around 04:30, the wall built by the Defendant and part of the ceiling of the light-weight steel frame, which was cut down.

(hereinafter “instant accident”). D.

On April 6, 2015, the Plaintiff demanded the Defendant to repair the defects related to the instant accident, and there was a dispute, such as that the Defendant would not implement restoration work unless he pays the restoration work cost in advance, the Plaintiff paid KRW 25,035,395 to the Defendant and notified the Defendant thereof.

E. According to the design drawings, light-weight walls are installed.