손해배상(기)
1. The following amounts, among the parts concerning the principal lawsuit in the judgment of the court of first instance, shall constitute an additional payment order:
[This lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim]
1. Basic facts
A. From January 15, 2010 to March 15, 2010, the Plaintiff concluded a contract with the Defendant for the construction work of constructing a Dogwon on the ground level of the second floor on the ground level (hereinafter “instant building”) on the land level of Jindo-gun, Jindo-gun (hereinafter “instant construction work”). The construction work amounting to KRW 59,200,00 for the construction work period from January 15, 201 to March 15, 2010.
B. Since the Defendant commenced construction and completed the construction of the instant building, the Plaintiff occupied the instant building on March 25, 2010, and obtained approval for use of the instant building on June 7, 2010, and completed registration of ownership preservation on June 17, 2010.
C. The Plaintiff did not pay KRW 19,00,000, out of the remainder that the construction cost should be paid on the date on which the construction is completed, on the ground of the defect in the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 6, 18, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The plaintiff's arguments are as follows.
(b) d.
The claim amount of KRW 60,354,120 (=53,05,00 KRW 2,299,120 KRW 5,00,00) against the Defendant, such as Paragraph 41,104,120 (=60,354,120 KRW 18,70,000), which is the claim amount of KRW 41,654,120 (=60,354,120-18,70,00), which is the claim amount of the above claim, is determined to be limited to KRW 41,104,120, which is the claim amount of KRW 41,120.
and damages for delay shall be claimed.
B. 1) Determination as to the claim for damages in lieu of defect repair
(2) Since the defective items column 1 to 24 were non-construction or defective construction, the Defendant is obligated to pay the Plaintiff KRW 53,055,000 for damages in lieu of defect repair) to recognize the whole or part of the part recognized (the title Nos. 1 to 19,000) (the title No. 1 to 3 of the instant table).