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(영문) 대구지방법원 2016.12.01 2015나19085

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The defendant is a person who conducts interior construction business in the trade name of "C".

B. The Plaintiff, at the port of port owned by the Plaintiff (hereinafter “301”), contracted a toilet, front, and follow-up water leakage prevention work to the Defendant on October 20, 201, when entering into a contract with the Defendant around the following floor (hereinafter “201”). At the same time, the Plaintiff contracted a contract for the removal of the bendle door, the removal of the main wall, and the construction for the waterproof and typing of the main wall (hereinafter “instant construction”).

C. Around October 30, 2014, the Defendant completed the instant construction work, and the Plaintiff paid the Defendant KRW 6,325,000, totaling KRW 5,225,000 on October 27, 2014, and KRW 1,100,000 on October 30, 2014.

1) Since the instant construction, as the water leakage occurred again in 201, the Plaintiff disbursed the water leakage detection cost of KRW 350,000 on November 20, 2014, and discovered water leakage in the part of toilets in the process. In that process, the Defendant: (i) performed repair works for the toilet part; and (ii) performed construction works for the ceiling 201 repair and distribution; and (iii) paid KRW 150,000, which is part of the said water leakage detection cost, to the Plaintiff on January 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings

2. The Defendant failed to properly perform the toilet leakage prevention work on the part of the defective construction work that caused the Plaintiff’s claim, thereby resulting in water leakage in the part of the construction work.

The repair work was not made on the other day of the toilet and the wall.

In front of the corporation, the window and wall wall between the window and the wall in front of the corporation for the prevention of water leakage in front of the corporation did not process the actual container.

The plaintiff of the back bend water leakage prevention corporation requested the defendant to install water supply facilities and verversings connected to boilers, but the defendant is not arbitrarily installed on the wall and connected with the boiler.