손해배상(건)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was around August 2013, the Defendant left the 60,500,000 construction cost for the repair work for the facilities in the vehicle age planning (hereinafter “instant construction”) to the Defendant.
The defendant completed the construction of this case around September 2013.
However, the Defendant failed to perform the instant construction works properly, resulting in the same defects as the entries in the attached list, such as mycoi pung fung, etc. in the wall and the ceiling.
On May 30, 2015, the Plaintiff concluded a repair contract again with the Korea New Construction Corporation, and paid KRW 77,800,000 as the repair cost.
The plaintiff suffered damages equivalent to KRW 40,000,000 for the part that is recognized as a causal relationship with the defect of the construction of this case among the above repair work cost, and thus, sought the payment of the above money to the defendant.
B. As to the occurrence of defects in connection with the instant construction project, each statement of evidence Nos. 3 through 6 alone is insufficient to recognize the occurrence of defects, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit.
2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.