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(영문) 광주지방법원 해남지원 2021.02.10 2019가합3275

손해배상(기)

Text

The defendant's KRW 94,425,213 and about the plaintiff's KRW 6% per annum from March 28, 2020 to February 10, 2021.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Defendant for construction works (hereinafter “instant contract”) (hereinafter “instant construction works”) and civil and landscaping works (hereinafter “the instant contract”) after entering into each initial contract and entered into a contract to change the construction amount, construction period, etc. following the conclusion of each initial contract.

Dozin on the basis of the terms of modified contract.

Plaintiff

The supplementary intervenor contracted the design service from the Plaintiff and prepared the design drawings of the instant construction project.

Contract amount: General construction period of KRW 2,832,922,00 [the first minute: KRW 2,302,854,00 (construction works), the second minute: KRW 530,068,00 (civil and landscape construction works)]: May 16, 2013 to July 31, 2014 (the first minute: May 16, 2013 to March 18, 2014: the second minute from March 19, 2014 to July 16, 2014).

B. On March 2014, the Defendant completed the construction work for the primary primary building, obtained approval for the use of the instant building, and handed over the instant building to the Plaintiff at that time.

On July 2014, the Plaintiff completed the construction work of the second tea civil engineering and landscaping.

(c)

The building of this case has defects, such as water leakage, and the defendant paid a total of 6 teas at the plaintiff's request, but still has some defects which have not been repaired (specific details are deemed to be the following parts of determination). [The grounds for recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 through 6, and Eul's evidence Nos. 1 through 6 (including numbers if there are numbers; hereinafter the same shall apply) and the purport of the whole pleadings and arguments.

2. Determination

A. The Plaintiff’s occurrence and scope of defects are the following defects arising from defective construction, non-construction, and different construction of the instant building completed by the Defendant:

Seeking damages in lieu of the repair of each defect.