하자보수에 갈음하는 손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 14, 2010, the Plaintiff purchased from Nonparty C, the representative director of the Defendant, 1,624m2 (hereinafter “instant land”).
B. The Plaintiff sought to newly construct a pen on the instant land, and entered into a contract with the Defendant for the instant land installation works, site preparation works, stone-Stockpiling works, drainage installation works, etc. (hereinafter “instant construction works”).
(the contract shall not be written). (c)
After the dispute over the construction cost occurred after September 1, 2010 to December 8, 2010, the Corporation received a judgment from the Plaintiff (the Plaintiff in this case) to the effect that “the Defendant (the Plaintiff in this case) shall pay KRW 59,683,379 and delay damages therefrom” and the said judgment became final and conclusive.
Chuncheon District Court Decision 201Gahap91 (Main Office), 411 (Counterclaim), Seoul High Court (Chuncheon), 2012Na568, 575 (Counterclaim), Supreme Court Decision 2012Da12138, 112145 (Counterclaim), Seoul High Court (Chuncheon) 2013Na1230, 1247 (Counterclaim), Supreme Court Decision 2014Da8967
D. Meanwhile, the Plaintiff filed a claim for damages as a counterclaim by asserting that the Defendant incurred damages of KRW 20 million in total with respect to the part voluntarily constructed by the Defendant, including that the construction cost was spent for performing defective construction works, such as not properly covering soil and rocks in the middle of the instant construction works, while the Defendant filed for a lawsuit for the former construction cost, but the court of first instance had defect in the part of the instant construction works.
The claim for counterclaim was dismissed on the ground that there is no evidence to acknowledge that there was damage caused by the work performed at will or by the work performed at will.
The court of the second instance prior to the remanding of the case shall establish a contract for construction works between the plaintiff and the defendant.