손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount ordering payment against the defendant.
1. Basic facts
A. On June 11, 2015, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant with the Defendant, setting the construction cost of KRW 1.87 billion (excluding value-added tax) and the construction period from June 15, 2015 to January 31, 2016, and setting the construction period as the period from June 15, 2015 to January 31, 2016, the Plaintiff is a 4-story neighborhood living facilities building of reinforced concrete structure on the ground (hereinafter “instant building”).
) New Construction Works (hereinafter referred to as “instant Construction Works”)
) the contract under which the contract is made on a contractual basis (hereinafter referred to as “instant contract”).
(2) On March 31, 2016, the Plaintiff concluded a contract between the Defendant and the Plaintiff to change the construction period of the instant contract from June 15, 2015 to May 30, 2016, and to KRW 2,324,254,170 (including value-added tax). The Plaintiff agreed to install the tin part of the outer wall of the instant building after the construction was constructed by another company designated by the Plaintiff.
B. On May 30, 2016, the instant building was completed with the approval of use from the Seo-gu in Busan on May 30, 2016, and the registration of ownership preservation was completed in the Plaintiff’s future on July 1, 2016. (2) From that time, the Plaintiff operated the instant cafeteria (hereinafter “instant cafeteria”).
C. Damage to the instant building, however, on October 5, 2016, with strong wind and wave due to the influence of typhoons, six windows, including the dynamic outer wall, the 2nd outer wall of the instant building, the 2nd outer wall of the south and the 3rd floor, etc. (hereinafter “instant window”) were pushed down ever far after the windows, and accordingly, an accident that causes damage to the household and the grupture of the instant restaurant (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 evidence (including a tentative number, unless otherwise stated; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff 1 is the defendant of this case.