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(영문) 수원지방법원안양지원 2019.02.13 2018가단106713

손해배상(기)

Text

1. The Plaintiff:

A. Defendant C shall be 31,071,992 won and a rate of 15% per annum from October 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is operating a restaurant in the name of “F” on the Gangnam-gu Seoul Metropolitan Government E and 1st floor (hereinafter “instant restaurant”). The Defendants jointly operate the Rotterdam Corporation with the trade name of “H” from Guri-si.

B. On September 1, 2017, the Plaintiff concluded a contract with Defendant C on the instant restaurant (hereinafter “instant construction”) and paid KRW 23,000,000,000, in total, to the account in the name of Defendant D (hereinafter “instant construction”) and to the account in the name of Defendant D as construction cost. < Amended by Presidential Decree No. 28135, Sep. 10, 2017; Presidential Decree No. 2000, Oct. 10, 2017; Presidential Decree No. 23575, Oct. 10, 200,000>

C. However, there was a defect in the pipes, floors, and holes floor of the kitchen of the instant restaurant that the Defendants performed the instant construction, and there was no completion work among the instant construction works.

Therefore, the Plaintiff requested the Defendants to repair defects, etc., but the Defendants did not comply with this.

On November 2017, the Plaintiff contracted the instant restaurant repair work to I, and I awarded a contract to I for the same month.

9. Upon completion of the defect repair work, the Plaintiff paid KRW 2,900,000 to I on the same day.

E. In addition, on February 13, 2018, the Plaintiff entered into a contract with J on the repair of the defects in the main part of the restaurant in this case.

The J performed the above repair work from February 15, 2018 to the 20th of the same month, and the Plaintiff paid to J KRW 5,000,000 on February 13, 2018 and KRW 9,300,000 on February 23, 2018.

F. Meanwhile, on November 17, 2017, the Plaintiff’s mother, due to the Defendants’ defective construction works, suffered injuries, such as salt ties and tensions, which require four weeks of treatment, and was hospitalized in the K Hospital.

[Based on recognition] Claim against Defendant C: Each description of Gap evidence Nos. 1 through 7, 10, and 11 (including each number), and oral argument.