손해배상(기)
1. The Defendant’s KRW 51,161,00 for the Plaintiff and the following: 5% per annum from November 12, 2016 to December 14, 2016.
1. Basic facts
A. On June 28, 2013, the Plaintiff awarded a contract to the Defendant for the work of building C in Gyeyang-si (hereinafter “instant construction”) with the construction period from June 30, 2013 to September 30, 2013, with the construction cost of KRW 819,00,000.
B. The Plaintiff paid all the construction cost by January 7, 2016.
C. As of the date of the closing of argument in the instant building, 20,196,000 won (including surtax; hereinafter the same shall apply) is required to install three electric-use lighting facilities of the second floor constructed on the date of the closing of argument in the instant case.
Although landscaping teams of approximately 91 square meters should have been installed on the north north of the building on the design drawing of this case, it is not installed and it is finished with a ice container, and in the case of constructing a landscaping team, it is 18,227,000 won.
E. On the rooftop floor of the instant building, there was a defect in water height with the floor load of the instant building, and 4,103,000 won was spent for the defect repair cost of the method of supplementing and constructing the part of the container load.
F. On the side of the building of this case, there were defects that are not drained by a road boundary stone, and 1,276,000 won was spent for repairing defects.
G. In addition, the fire group south of the instant building caused a defect that could not become the rearing of the flower trees on the wind of the parking lot, which is set up above the top of the asphalt package of the parking lot, and the cost of repairing the defect in the case of constructing the chemical group according to the original design drawing is 7,359,000 won.
[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 3-1 to 4, evidence No. 1 to 3-4, the result of appraisal of appraiser D, the purport of the whole pleadings
2. Determination
A. 1) Determination of the facts of cause of claim 1) The Defendant is obligated to pay the Plaintiff damages in lieu of the non-construction and the repair of the defective parts arising from the instant building. The amount of damages is KRW 51,161,00 (20,196,000 KRW 18,227,000 KRW 4,103,000 KRW 1,273,000.