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(영문) 인천지방법원 2019.10.17 2018가단221248

손해배상(건)

Text

1. The Defendant’s KRW 30,424,00 for the Plaintiff and 5% per annum from May 2, 2018 to October 17, 2019.

Reasons

1. Basic facts

A. On January 10, 2017, the Plaintiff entered into a construction contract with the Defendant, a personal entrepreneur who runs the construction business under the trade name C, with the content as follows (hereinafter “instant housing”).

(hereinafter referred to as “instant contract”). The name of the construction project: on March 31, 2017, the date of moving into the whole house of the parcel of D at Kimpo-si: 30 square meters in normal construction, 10 square meters in multi-use rooms, 30 square meters in normal construction, 8 square meters in total, 195,00,000,000 won in the parking lot (including value-added tax) for the defect repair period: 30 square meters in normal construction, 195,00,000 square meters in multi-use rooms separately (3 square meters), pents (1), pents (1), ging-type (1), ging-class (1), ging-class (1), ging-class, IK5, ging-class 1, 123,00 won in the ging-type 1,000 won in the ging-type 3 years in the ging-year 1 year.

B. On January 10, 2017, the Plaintiff paid the Defendant KRW 19,50,000, KRW 19,500,000, KRW 19,500,000 as of January 19, 2017, KRW 107,250,000 as of March 10, 2017, and KRW 196,30,000 as of March 31, 2017.

(1) KRW 1,300,000,000, more than the total amount of construction, has been paid, and the circumstances thereof will be followed. (3)

The Defendant completed the instant construction work around April 10, 2017, which was later than the agreed scheduled occupancy date.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 11, and the purport of the whole pleading

2. Summary of the parties’ assertion

A. The plaintiff's assertion that there was part of the non-construction while performing the construction work under the contract of this case, and there are various defects in the construction work. Thus, the plaintiff's claim against the defendant for damages in lieu of defect repairs (total amount of KRW 49,315,00) and non-construction (total of KRW 38,753,00).

Meanwhile, in the process of the construction of this case, the plaintiff and the defendant were included in the first construction instead of giving up the installation of air conditioners in the system, and were added at the request of the plaintiff and the balcony (the second floor) construction omitted and the plaintiff.