하자보수공사비 및 손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 201, the Plaintiff entered into the instant construction contract with D, the representative director, at the time of the Defendant Company (formerly changed from July 2014), to conclude the instant construction contract with the Defendant for construction work of constructing the instant building, which is a multi-household housing with the fifth floor of reinforced concrete structure, on the land in Mapo-gu Seoul, Mapo-gu, Seoul.
The main contents of the instant construction contract are as follows.
Article 2 [Calculation, etc. of Construction Area and Construction Costs] (1) The total of 103 square meters including the area by floor based on the outline of design 283.86 (No. 85 square meters) and the sharing area 18 square meters.
(2) Construction expenses shall be KRW 3,200,000 per square meter.
(3) The construction cost shall be 329,600,000 won.
(4) Cash storage certificate shall be KRW 429,600,000, including KRW 100,000.
Article 5 (Period of Construction) (1) The period of construction shall be 180 days from the date of commencement.
Article 11 [Maintenance of Defects] After the completion inspection, the defendant shall be the warranty liability period (one year) as the type of work under the attached Table 4 of the Enforcement Decree of the Building Act.
B. New construction of the instant building was completed on December 15, 201 and approved for use on March 30, 2012
9. 28. The registration of initial ownership was completed in the name of the Plaintiff.
C. On April 20, 2012, the Plaintiff prepared a written confirmation (Evidence A 4) stating that the account payable for the instant construction cost will be settled by the end of July, 2012. However, on April 20, 2012, the Plaintiff sent the written confirmation to the Defendant, stating that “The Plaintiff signed D’s signature along with the statement that it would be considered one year after the settlement of the defect is completed. 2) On April 2, 2013, the Plaintiff: (a) on April 2, 2013, the Plaintiff requested repair from the time of occupancy due to defective construction, modified construction, etc. in the instant building; and (b) the Plaintiff sent the content-certified mail to the Defendant requesting repair of defect.
4. 25. The instant lawsuit was filed against the Defendant.
The defective building of this case is the court of law.