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(영문) 대구지방법원 2018.12.06 2018나304968

손해배상(기)

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1. Of the part concerning the counterclaim of the judgment of the court of first instance, the following amount constitutes an additional payment order.

Reasons

1. Basic facts

A. On May 21, 2015, the Plaintiff awarded a contract for the construction of a two-story building (hereinafter “instant building”) on the ground of 379 square meters on the ground owned by the Plaintiff, the Plaintiff, the Plaintiff owned.

(hereinafter “instant construction contract” and the said construction work is “instant construction work”). B.

From May 21, 2015 to December 8, 2015, the Plaintiff paid the Defendant a total of KRW 160 million to the construction cost of the instant construction work nine times, as follows:

on May 21, 2015 10,000,000 on June 3, 2015: 20,000,000 on June 3, 2015; 3, 20,000 on July 22, 2015; 5,000,000 on July 10, 20, 200 on July 7, 2015; 5,000 on August 4, 2015; 20,000,000 on September 20, 20, 200,007; 10,000,000 on October 23, 200, 200,000, 10,000 on August 18, 2015; 10,000, 10,000, 1000,008;

C. From December 2015 to January 2016, the Defendant suspended the instant construction work.

On the other hand, the building of this case is completed, and the plaintiff is running restaurant business in the building of this case.

[Ground for recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the argument is as follows: ① there is a defect in the building of this case constructed by the Defendant as described in the separate sheet Nos. 1, 2, and expenses for repairing the defect are KRW 15,396,964; ② there is a part of the building of this case as listed in the separate sheet Nos. 3, and the part of the building of this case requires repair, which also constitutes a defect. The Plaintiff spent KRW 19,555,00 in direct construction of the above part of the construction, and the Plaintiff paid KRW 34,951,964 in total as compensation for the defect repair in lieu of the defect repair in the construction of this case (=15,396,964 won as compensation for the defect repair) and damages for delay.

B. (i) the part on the claim for damages equivalent to the cost of repairing defects;