손해배상(기)
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.
Facts of recognition
The Plaintiff contracted for the construction period of the interior repair work on the first floor operated by the Plaintiff to the Defendant as the construction cost of KRW 3.2 million from December 1, 2015 to December 3, 2015. The amount determined by the floor heating construction cost out of the details was KRW 1.5 million.
On December 2, 2015, the Plaintiff transferred the construction price to the Defendant KRW 2 million, and KRW 1.2 million on December 11, 2015.
However, there was a defect such as rupture on the floor after ten days of the construction completion.
On January 29, 2016, the Plaintiff had Nonparty D remove and construct the floor defective construction works, and paid KRW 600,000 as the construction cost.
【The contractor may claim damages against the contractor in lieu of, or together with, the repair of the defects, in lieu of the entries and images (including the paper numbers) of the evidence Nos. 1 through 5, and of the entire purport of the pleading.
(Article 667(2) of the Civil Act. According to the above facts, the defendant is obligated to pay the construction cost of KRW 600,000 paid by the plaintiff as compensation for damages in lieu of defect repair and its delay damages.
(A) The Plaintiff asserted that the damages amounted to KRW 2.1 million, but it is insufficient to prove the amount of damages with respect to the portion exceeding the construction cost incurred. Accordingly, the Defendant, on December 20, 2015, visited the Plaintiff with two figures waiting for the repair of the defects and with materials, such as cement, and visited the Plaintiff, but the Plaintiff interfered with the repair of the defects, thereby causing damage of KRW 3.4 million of the human wage, KRW 20,000 of the food cost, and KRW 50,00 of the material freight cost. On January 18, 2016, the Plaintiff notified the Plaintiff that the preparation for the repair of defects was in progress by content-certified mail and found the Plaintiff again with two persons on February 26, 2016. However, the Defendant interfered with the repair, thereby causing damage to KRW 340,000 of the human wage, KRW 220,000 of the material cost, KRW 50,000,00 of the waste disposal cost.