손해배상(건)
1. The Plaintiff (Counterclaim Defendant) paid KRW 8,963,843 to the Defendant (Counterclaim Plaintiff) and its related amount from April 26, 2014 to January 14, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On December 201, the Plaintiff entered into a contract with the Defendant for six units of housing newly constructed on the ground, such as Gyeonggi-gu C and D, and one unit of housing and one unit of construction (hereinafter “instant construction”) being newly constructed on the ground, Gyeonggi-gu E, Gyeonggi-do. In accordance with the said contract, the Defendant entered into a construction contract with the Defendant for the said seven units of housing (hereinafter “each unit of housing”) until October 2012, according to the said contract.
B. On March 26, 2012, the Plaintiff paid the Defendant KRW 40,100,000,000 as the instant construction cost, KRW 3 million on April 14, 2012, KRW 300,000 on July 13, 2012, and KRW 40,01 million on October 25, 2012.
C. When the Defendant carried out the instant construction, defects occurred in each of the instant housing units due to the failure to perform or defective construction of the line with the fire fighting machine, and thereby, the function and safety of each of the instant housing were hindered.
The sum of the defective costs incurred in each of the instant houses and the repair costs incurred in repairing them is KRW 18,858,961.
[Ground of recognition] A without dispute, entry of Gap evidence Nos. 4 through 8, each appraisal result by appraiser F, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above fact of recognition of liability for damages, the defendant is obligated to pay damages in lieu of defect repair of each house of this case to the plaintiff who is the contractor of this case pursuant to Article 667 of the Civil Act as the contractor of this case.
B. According to the above recognition of the scope of damages, barring any special circumstance, damages in lieu of the defect that the Defendant is liable to compensate the Plaintiff is KRW 18,858,961.
However, according to the above macroscopic evidence, in the case of 1 unit of 48 square houses on the ground of Gyeonggi-gu G, Gyeonggi-do, the defendant was unable to perform galking due to the lack of the level of 48 square meters, and the defendant's liability ratio accordingly is 3,580 won out of the defect repair cost of 7,161,832 won of the above 48 square meters.