손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 27,007,640 as well as to the plaintiff on June 2017.
1. Facts of recognition;
A. The plaintiff is a company established for the purpose of construction business, etc., and the defendant is a company established for stone wholesale and retail business.
B. On May 20, 2016, the Plaintiff entered into a contract with the Defendant on the condition that natural stones, such as potent (which is a kind of stone in the fossil), and fluorite, will be supplied from the Defendant (hereinafter “instant contract”). On June 14, 2016, the Plaintiff received the said stone from the Defendant and paid the full amount of the said price to the Defendant around that time.
However, on June 18, 2016, the Plaintiff returned 73.6 square meters of the stone supplied by the Defendant to the Defendant again.
C. The Plaintiff was awarded a contract from Nonparty C and D for the construction of the instant building on the land surface (hereinafter “instant building”). The Plaintiff used the building supplied by the Defendant as finishing materials, such as outer walls, internal passages, and stairs floors of the instant building, and completed the instant construction work around June 2016.
After completion of the building in this case, around July 2016, after 2016, melting in the stone supplied by the Defendant, buildings, outer walls, floor areas, etc. have been redly seen. On September 2016, the Defendant disposed of drugs on stone to remove them, but thereafter, the above phenomenon occurred again.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 1 and 2 (including each number, if any; hereinafter the same shall apply), the result of the first instance court's entrustment to appraiser G, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the stone supplied by the Defendant under the instant contract was defective in melting the normal quality, and the Defendant, after the melting process, carried out melting and removing the melting of the first floor of the instant building, such as a knick, a electric measuring instrument, a line home box, and a rail rail of the second floor of the instant building.