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(영문) 전주지방법원 2015.07.22 2013가단36585

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,900,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from November 20, 2013 to July 22, 2015.

Reasons

1. Basic facts

A. 1) On February 19, 2010, C, the husband of the Plaintiff, is the Plaintiff’s husband, and the Defendant is the second floor neighborhood living facilities (hereinafter “instant building”) with the Defendant on the ground D in the Jeonju-gun for C.

A) A new construction contract was entered into with the following contents. The construction name: the total construction cost for the new construction of DD neighborhood living facilities: 250,000,000 won (excluding value-added tax): the period of warranty liability: 2 years after the completion of construction: the Defendant’s request to replace C and the Plaintiff’s contractor; the Plaintiff and the Defendant are changed only to the contractor of the said construction contract; the contents of the contract are the same; and the date of conclusion was the same as the contract; and the contract was entered into by the method of preparing a written contract for the construction (hereinafter “instant contract”).

3) The Defendant completed the instant building on or around June 2010, and the Plaintiff paid the entire construction cost to the Defendant on or around June 22, 2010, and around July 2010, the Defendant received delivery of the instant building from the Defendant (the Plaintiff asserted that the instant building was delivered on or around October 2010, but it is reasonable to view that the instant building was delivered to the Plaintiff at the time of completion of the instant building, and that the Defendant, the owner of the instant building, separately, carried out the instant building construction with the permission of the Plaintiff, as seen in subparagraph 1(b).

B. B. The Plaintiff of the Rotterdam Corporation on the instant building was between the Defendant and the Defendant on June 29, 2010, and the Defendant’s interior works on the instant building owned by the Plaintiff (hereinafter “the instant interior works”).

A) A contract for construction works was concluded with the following contents, and the Defendant completed the instant interior works on October 2010. Around October 2010, the name of the construction project: The period for warranty liability of KRW 110,00,000 (excluding value-added tax): 2 years after the completion of the construction work (the fact that there is no dispute over grounds for recognition, and evidence Nos. 7, 8, 9, and 10).