손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.
The Defendants are jointly and severally.
1. Facts of recognition;
A. On October 1, 2015, the Plaintiff entered into a new construction contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for a single house located in Seo-gu Incheon, Seo-gu.
(hereinafter referred to as the “instant construction,” and the newly constructed housing is called the “instant housing”). B.
Defendant B finished work on September 201 to October 10, 2016, and the Plaintiff requested construction and repair due to the non-execution portion and defects.
C. Defendant B entered into a contract with E Co., Ltd. for construction and repair of defects in the non-execution portion (hereinafter “E”), and agreed to pay KRW 26,750,000 out of the construction cost to be paid to Defendant B.
E completed the horse construction work on November 2016, and the Plaintiff paid 26,750,000 won for the remainder of the construction work to E.
On November 21, 2016, the Plaintiff and Defendant B drafted a settlement agreement with respect to the payment of the construction amount of the instant construction project. Defendant B drafted a written agreement with the Plaintiff that, on November 22, 2016, the parts not resolved at the time of November 22, 2016, “the two defects” (hereinafter referred to as “instant defects”) would give rise to the completion of remuneration by December 16, 2016.
E. Although the Plaintiff, who was in charge of the instant construction, requested Defendant B’s employees F to continue to repair defects, Defendant B did not resolve the instant defects until May 2017.
F. The Plaintiff entrusted the repair work to H that operates “G” and performed the primary repair work on or around June 2017 (hereinafter “the primary repair work”).
Defendant B paid KRW 1,650,000 to H on June 1, 2017 as part of its expenses.
G. Although the primary repair work performed a waterproof painting of outer walls and the disposal of roof mix, the Plaintiff failed to resolve the leakage problem, and the Plaintiff again requested H to repair the defect. H was the second floor of the instant housing around September 2017.