손해배상등
1. The plaintiff (Counterclaim defendant) is jointly and severally liable to the defendant (Counterclaim plaintiff) C Co., Ltd. for KRW 694,846,462 and the corresponding amount.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 22, 2014, the Plaintiffs concluded a contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) under which the construction cost is KRW 7,436,00,000 (including value-added tax) and the construction cost is fixed as KRW 7,436,00,00, and entered into a contract with F and G ground hotel (hereinafter “instant building”).
B. By June 2015, the Plaintiffs paid KRW 5,866,700,000 out of the paid amount to Defendant C.
C. On August 10, 2015, Defendant C subcontracted the creative installation works of the instant building to Defendant D in KRW 298,100,000, and Defendant D supplied the title from Defendant E Co., Ltd. (hereinafter “ Intervenor E”) and completed the creative installation works around December 2015.
The Plaintiffs are running a hotel with a mutual name “H hotel” starting around December 11, 2015 after obtaining approval for the use of the instant building from that time.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 through 5 (including branch numbers), the purport of the whole pleadings
2. Determination as to the main claim against Defendant C
A. The plaintiffs C is liable to compensate the plaintiffs for damages of the total amount of KRW 596,637,126 due to the non-performance of the contract of this case or the defects in the building of this case as follows (hereinafter the following) through (j). The damages of this case are values excluding the value-added tax amount.
[A] Defecting construction work: The occurrence of defects in noise inflow, heat loss, or malfunctioning phenomenon caused by the defective installation work.
The amount of damages is KRW 174,448,473, which is the amount equivalent to the removal and the full reconstruction, since it is necessary to completely remove the windows and windows for the repair of defects, and completely reconstruct the windows.
B) Defectless construction works of reinforced concrete: due to defective construction of reinforced concrete in the underground floor, damage equivalent to KRW 1,906,407 was incurred to the defect repair cost. C) Water supply pipes and boiler pipes.