하자보수금 등 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The Plaintiff asserted that the instant real estate defect occurred by neglecting supervision by intention or negligence at the time of the instant construction work, even though the Defendant entered into a supervision contract with respect to construction work (the site area of 129 square meters, 4 stories above ground, 77.28 square meters above the building area, 248.64 square meters below the total floor area of 248.64 square meters; hereinafter “instant construction work”) on the ground of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant real estate”).
Therefore, the defendant is liable to pay the plaintiff the amount equivalent to the defect repair as shown in the attached Form as compensation for damages arising from the nonperformance of obligation or joint tort with the contractor.
2. In full view of Gap evidence Nos. 2 and Eul evidence Nos. 1 and 17 (including paper numbers; hereinafter the same shall apply), appraiser D's appraisal results, and the purport of the whole pleadings, Eul was in charge of executing the instant construction upon the plaintiff's request. The defendant prepared a building design and supervision contract for the building of which the contract amount is KRW 6 million (including supervision expenses, value added tax) as the owner, the defendant was paid KRW 6 million from E in terms of design service costs, the defendant was a contractor for the construction of the instant real estate in the name of the plaintiff, designer, and the project supervisor, and the design and supervision contract cost of the instant construction at the request of the plaintiff around May 2014.
On the other hand, the following circumstances, which are acknowledged as a comprehensive consideration of the descriptions of the evidence Nos. 2 through 15 in the above facts and the purport of the entire pleadings, i.e., construction supervision standards for building construction supervision under Article 25 of the Building Act and Article 19 of the Enforcement Decree of the Building Act, set the standards that can be generally applicable in the performance of construction supervision, are emergency supervision, resident supervision, etc.