손해배상(기)
1. The Defendant’s KRW 41,22,765 as well as the Plaintiff’s KRW 6% per annum from December 2, 2016 to November 25, 2017.
1. Facts of recognition;
A. During the period of Ansan-si, the Plaintiff awarded a contract for the construction of a new apartment-type building A (hereinafter “instant building”) and subcontracted the part of the said new construction work to the Defendant.
(hereinafter “instant subcontract”). (b)
The Plaintiff filed a lawsuit claiming damages in lieu of defect repair against B and the Plaintiff, the contractor, who was the executor of the said construction project, because a number of defects in construction were discovered in the completed building, even though the construction of the instant building was completed.
(Seoul Central District Court 2014Gahap571934). In the above lawsuit, the court sentenced B to order B to pay damages in lieu of defect repairs, and accordingly, B paid the above occupants 51,931,422 ( principal 478,489, 5769, 576, 33, 441,846), and the Plaintiff paid the above amount in full to B on December 1, 2016.
C. Of the defect repair costs of the building of this case recognized in the above judgment, those pertaining to the machinery and equipment works taken by the defendant under the subcontract of this case are KRW 41,22,765 in total.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 41,22,765 won for repairing the defects related to the machinery and equipment works, and damages for delay calculated at the rate of 15% per annum under the Commercial Act from December 2, 2016 to November 25, 2017, the service date of the complaint in this case, which is the day following the date of the plaintiff's payment, to November 25, 2017 (see, e.g., Supreme Court Decision 2009Da25111, Dec. 8, 2011) as commercial claims (see, e., Supreme Court Decision 2009Da2511, Dec. 8, 201).
3. citing the Plaintiff’s claim for conclusion