손해배상(기)
1. Of the judgment of the court of first instance, KRW 8,952,000 against the Plaintiff regarding the conjunctive Defendant C Co., Ltd. and its corresponding amount on September 26, 2013.
1. Basic facts
A. Between June 2013 and July 22, 2013, the Plaintiff and Defendant C drafted a written contract for construction as follows:
- The construction contract - The construction project is undertaken to enter into a contract with the Plaintiff (Defendant B) and to perform its contractual obligations in good faith as a private school construction project (hereinafter referred to as the “instant construction project”).
[Name] The location of E (hereinafter “instant bridge”): The construction cost of KRW 17,00,000 (including value-added tax) contract deposit of KRW 15,000,000 (including value-added tax) for the fixed-line construction cost of May 31, 2013; the remainder of KRW 2,000,000 for the completion of construction from May 30, 2013 to August 10, 2013; the construction cost of the other matters shall be paid in part at the time of commencement - the construction implementation method shall correspond to the design plan.
(A) Project owner: Defendant C and representative
B. On May 31, 2013, the Plaintiff paid KRW 15,000,000 to Defendant C as “the price for the instant construction materials and the down payment for the construction work” and received a receipt from Defendant C.
C. The instant construction was completed on July 6, 2013, and the Plaintiff did not obtain approval for the use of the instant bridge until now.
【In the absence of dispute over the ground for recognition, entry of Gap evidence 1 through 8 (including the number of branch offices; hereinafter the same shall apply), witness D's testimony, inquiry of the fact to the head of the court of first instance, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion was contracted to perform the instant construction work by the Plaintiff, but there was a defect in the said bridge. As such, Defendant C should compensate the Plaintiff for totaling KRW 10,952,000 for the expenses incurred in repairing defects, which are the active damages, among the damages in lieu of the defect repair (hereinafter “turf”) and KRW 20,952,000 for the emotional distress suffered by the Plaintiff due to the defect in the instant construction work.
On the other hand, the plaintiff entered into a contract with the defendant B as a contracting party.