손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 57,900,420 and KRW 31,065,00 among them.
1. Facts of recognition;
A. In order to handle soil and sand coming from a construction site, the Defendant proposed a plan to perform banking and stone construction works on the said land for the Plaintiff, on behalf of the Plaintiff, so that earth and sand can be stockpiled on the Busan-gun, Busan-gun (hereinafter “instant land”). On September 201, the Plaintiff also accepted the plan and entered into a construction contract (hereinafter “instant construction contract”) with the original Defendant with the following major contents.
The defendant shall submit the design documents (design documents, specifications, etc.) to the plaintiff before the commencement of works and obtain approval therefor.
However, it is deemed that the plaintiff's conclusion of this contract is approved.
- The defendant shall be responsible for all administrative procedures, authorization and permission, all expenses to be incurred until completion, and all civil and criminal legal problems arising from the construction.
- - The southwest ditches and the tamping height and water at the time of the operations of the stone axis on the side of the railroad.
The expenses for axiss on the southwest side of the ditch (50 per cent share) - The concrete packaging of the entrance slope shall be made
(Execution after Completion) - H, I, and D shall be maintained horizontally after completion of the mold.
Defect warranty - The defendant shall perform construction work as prescribed by the design documents and shall be responsible for the construction guarantee.
- The defendant shall be responsible for repairing defects (such as tin or any other defects) which have occurred within one year after the completion of the work.
Liability and compensation - The defendant shall be fully liable for the plaintiff's damage caused by the defendant's negligence during the work.
B. According to the instant construction contract, the Defendant: (a) he stockpiled the instant land on both earth and sand; (b) suspended construction during the process of partially performing stone construction works via E and F; and (c) thereafter, the Plaintiff, around November 2015, ordered J (the representative F and the J (hereinafter “J”) to conclude stone construction by awarding a contract to the remaining stone construction works that were not constructed; and (d) to J.