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(영문) 대구지방법원 2019.12.11 2018나317704

하자보수금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 20, 2016, the Plaintiff concluded a contract with the Defendant for remodeling construction works for the entire accommodation facility in Nam-gu C (hereinafter “instant building”) at the time of port by setting the construction cost of KRW 200 million and the construction period from August 20, 2016 to October 30, 2016.

The warranty period was agreed as the legal warranty period.

B. On December 5, 2016, the Defendant completed remodeling construction of the instant building.

C. In carrying out the remodeling construction of the building of this case, there were defects that may hinder the function, aesthetic view, or safety of the building of this case, as stated in the part of the judgment on the occurrence and scope of the defect in the attached Form 4, by failing to carry out the remodeling construction of the building of this case, or by performing the defective construction.

On May 30, 2017, the Plaintiff demanded the Defendant to repair the defect that occurred in the instant building, and even though the Defendant had partially implemented the defect repair work for the instant building, the instant building still remains as stated in the 3rd floor gate and the 16,029,000 won (i.e., the 7,213,00 won defect repair cost) in the 3rd floor gate and the 8,816,00 won in the attached Form (hereinafter “instant defect”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, 8, 13 and images, the result of the appraisal of defects by the party-trial appraiser D, the purport of the whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff the total of KRW 16,029,000 as compensation in lieu of defect repairs with respect to the non-construction and each of the defects in the instant case as the contractor who was awarded a contract for remodeling construction of the instant building, barring any special circumstance.

B. Judgment on the Defendant’s assertion 1.