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(영문) 인천지방법원 2017.08.23 2016가단250730

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On August 11, 2010, the Defendant entered into a contract for the construction of a new underground floor, the size of the 2nd floor above the ground level, business facilities of the 16th floor, and Class I neighborhood living facilities (hereinafter “instant building”), which are an aggregate building on the ground of the 380.9 square meters from the Dapping Co., Ltd. (hereinafter “Dopping”). On December 9, 201, the Defendant obtained approval for the use of the instant building and delivered the instant building to the Dopping, and thereafter, the instant building was delivered to the Doping, and within one year, within the warranty period stipulated in the contract between the Defendant and the Doping, defects, such as rheping and damage to the Raping, attached to the outer wall of the instant building.

B. In addition, Article 669 of the Civil Act provides that "the contractor's warranty liability provision under Article 667 of the Civil Act does not apply where the defect of the object is due to the nature of the material provided by the contractor or the order of the contractor with the knowledge that it is inappropriate for the contractor to provide the materials or directions. However, this shall not apply where the contractor fails to notify the contractor with the knowledge that it is not appropriate for the contractor to do so." The defendant executed the construction work of the building of this case before executing the construction cost without due process such as waterproof, generation, water, oil generation, etc., and intentionally caused defects such as rupture and damage, and the warranty liability period for the above one year does not apply.

C. Therefore, the Defendant is obliged to pay the costs of repairing the defects and the damages for delay to the Plaintiff who acquired the damage claim for the said defects from the Sheping, the contractor, in accordance with the warranty provisions for the contractor under the Civil Act.

2. Determination:

(a) Evidence Nos. 2, 5, 6, Eul evidence Nos. 6, 7, and Eul evidence Nos. 8 and 9 (Dismissal) within one year of the agreed agreement.