손해배상
1. The defendant's appeal is dismissed.
2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.
1. The following facts do not conflict between the parties, or each description or image of Gap evidence Nos. 1, 3, 4, 5, and 6 (if any, including each number), and the result of the appraisal of defects by the appraiser E of the first instance court, the result of the appraisal of construction cost by the appraiser F of the first instance court, and the result of the fact inquiry by the appraiser E and F of the first instance court, respectively.
The Plaintiff entered into a contract with the Defendant for the construction of a factory building (hereinafter “instant construction”) on the land of Dacheon-si (hereinafter “the instant construction”). On September 2, 201, the Plaintiff entered into a contract with the Defendant for the supply of a 1,223.47mm2 (hereinafter “instant panel”) necessary for performing the instant construction from the Defendant.
B. On September 2, 2011, the Plaintiff received the instant panel from the Defendant and used it to execute the construction of outer walls during the instant construction.
C. At the time of construction of the outer wall of the factory of this case by using the panel of this case, around 1 year and 3 months elapsed from the time of construction of the outer wall of the factory of this case, melting at the panel constructed on the left half of the outer wall of the factory of this case began to occur, and as above, melting part is continuously expanding.
The record generated from the instant panel was generally generated from the lower end of the panel at a certain distance of 10 cm high from the highest end of the panel.
E. On November 11, 2013, Jinjinex demanded the Plaintiff to remove the instant panel that melted to the Plaintiff, and to replace the Plaintiff with another panel to construct the outer wall of the instant factory.
(f)when removing a panel in which the date has occurred, it is required to reconstruct the outer wall of the factory of this case by using the same kind of panel;