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(영문) 서울중앙지방법원 2016.01.13 2014나37797

구상금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On August 17, 2011, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with respect to the construction work of Hart Co., Ltd. (hereinafter “instant construction work”) and the construction work of Hartzed building (hereinafter “instant construction work”) on the Hamart Co., Ltd. (hereinafter “Hamart”) and the Hamart shop oil station (hereinafter “the instant building”) on the Cheongmn-si 318-9 Cheongn-si, Kimhae-si (hereinafter “the instant construction”). At that time, the Defendant started the instant construction work and completed the instant building on or around December 2011.

B. Article 28 of the General Conditions of the contract incorporated into the contract of this case provides that "the defendant shall repair all defects that occur in the relevant construction work during the warranty period from the date he/she first enters into the contract from the date of the acquisition of the building of this case and the date of the completion of the completion inspection: Provided, That this shall not apply where a natural disaster, such as a natural disaster, or any other cause not attributable to the defendant, occurs after the delivery of the object of the construction work, or a cause not attributable to the defendant." Article 36 (1) provides that "if the defendant causes damage to the plaintiff or another person as a result of the execution management of the contracted construction work intentionally or by negligence, he/she shall compensate for such damage." Article 39 (1) provides that "When a defect occurs after the acquisition of the object of the construction work of this case due to the defendant's intentional or negligent intention or negligence, it shall be immediately resolved under the responsibility of the defendant, and if

C. On September 17, 2012, at the first floor parking lot of the instant building around 10:00, the car owned by A, which was parked below, and the car owned by C and the car owned by C is damaged.