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(영문) 수원지방법원 2015.12.24 2014가합14231

손해배상(기)

Text

1. The plaintiff's action against the defendant's wife shall be dismissed.

2. The Plaintiff:

A. Defendant Woo-soo Construction Co., Ltd.

Reasons

1. Basic facts

A. On April 5, 2013, the Plaintiff entered into a design and supervision agreement (hereinafter “instant design agreement”) with Defendant B, who operates a architectural firm C and Defendant B, with the content that the design and supervision of the multi-family house to be newly built in the wife population D (hereinafter “instant house”) will be set at KRW 6 million (excluding value-added tax).

Defendant B prepared the design drawing of the instant housing in accordance with the instant design agreement, and the said design drawing was prepared to ensure that the instant housing infringes on the right to enjoy sunshine of the adjoining site.

B. The Plaintiff filed an application for the building permit of the instant housing with the submission of the allocation plan, site termination map, etc. to the head of the Si/Gun/Gu, which is a design drawing prepared by Defendant B.

On June 14, 2013, Defendant B prepared and submitted a construction permit, investigation and inspection report on the housing of this case to the head of Yeongdeungpo-si Office.

On July 18, 2013, the head of Yeongdeungpo-si Office permitted the Plaintiff to build the instant housing (hereinafter “instant building permit”).

C. On August 27, 2013, the Plaintiff entered into a contract with Defendant Chungcheong Korea Comprehensive Construction Co., Ltd. (hereinafter “Defendant Chungcheong Korea Comprehensive Construction”), and Defendant Chungcheong Korea Comprehensive Construction Co., Ltd. to newly construct the instant housing at KRW 345 million of the construction cost (excluding value-added tax).

On October 5, 2013, the Plaintiff and Defendant Chungcheong Construction changed the terms of the said contract by setting the warranty period as two years and the warranty bond rate as three percent of the contract amount.

On March 2014, the Plaintiff and Defendant Chungcheong Construction entered into a modified contract to change the construction cost of the said contract into KRW 337 million ( collectively referred to as “instant contract”). D.

The Plaintiff paid KRW 330,000,500 out of the construction cost under the instant contract to the comprehensive construction of Chungcheong effect.

(e) the defendant.