beta
(영문) 부산지방법원 2016.04.28 2015가단11461

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 2014, the Plaintiff entered into a remodeling construction contract (hereinafter “instant construction contract”) with the Defendant for the construction work of elevator steel structure (hereinafter “instant elevator construction work”) located in Ulsan-gu, Ulsan-gu, with the construction cost of KRW 20 million (excluding value-added tax) and the construction period from September 1, 2014 to October 25, 2014 (hereinafter “instant construction contract”).

B. On September 2014, the Defendant performed the shipbuilding works, other than the steel structure of the elevator elevator, for instance.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Defendant performed the instant elevator construction without using the sn beam beam (H beam) without using the sn beamline in disregarding the design drawing of the instant construction contract on his personal basis. As a result, the Plaintiff removed the parts of the sn beam installed by the Defendant’s wrong construction and reconstructed the elevator again by using the sn beam line in line with the design drawing.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of damages equivalent to the cost of reconstruction due to defective construction and damages for delay of construction, as well as damages for delay of construction.

B. In light of the overall purport of the arguments in the statement Nos. 1, 2, and 7-1 through 3 of the evidence Nos. 1, 7, the court below held that the plaintiff and the defendant agreed on the installation of the steel beam of the elevator construction of this case, such as submitting a quotation on several occasions as to whether the steel beam can be loaded on the elevator moving spatial wall prior to the conclusion of the instant construction contract with the plaintiff, and the construction is deemed to have been carried out based on such agreement (the defendant's assertion that the elevator construction of this case was loaded with the steel beam and construction is difficult in accordance with the design drawing. According to the plaintiff's assertion, the steel beam (H beam as a matter of the bar beam) is as a matter of the plaintiff's assertion.