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(영문) 춘천지방법원강릉지원 2015.10.20 2014가단9010

손해배상(기)

Text

1. From August 13, 2015 to October 2015, 2015, Plaintiff (Counterclaim Defendant) filed against Defendant (Counterclaim Plaintiff) C with KRW 10,361,000 and its amount.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff asserted that Defendant B shall be compensated for damages due to the defect that Defendant B was the contractor and that the Plaintiff shall be compensated for the damages due to the defect on April 2013, 2013 is the new construction work of a wooden house on the ground D at the time of Samk-si to

(2) Defendant B, while performing the instant construction, ordered the Plaintiff to pay KRW 14,539,00 in total and KRW 10,539,000 in total and KRW 24,539,00 in total and KRW 10,000 in compensation for defect repair as well as KRW 14,539,00 in total, since Defendant B had caused defects in living room, etc. while performing the instant construction work. (2) Notwithstanding that the Defendants asserted joint tort against the Defendants are a non-qualified constructor, Defendant B, as they are qualified for a legitimate construction business-related entity and are actually operating E-the-construction entity, by deceiving the Plaintiff as they had concealed the fact that Defendant C was a bad credit holder and deceptioned the Plaintiff as if they were performing the construction

The Defendants: (a) concluded a contract for the instant construction project by deceiving the Plaintiff; (b) forged the report on commencement under the name of the Plaintiff; and (c) received KRW 140,00,000 at the construction cost of 35 square meters; (d) constructed the building register for 300,000 square meters; and (e) constructed the remainder of 5 square meters; but (c) caused the Plaintiff to remain an unauthorized building, thereby causing damage to the Plaintiff.

The Defendants are obligated to pay the Plaintiff the sum of 24,539,000 won of the defect repair cost and consolation money in compensation for damages.

B. Defendant C’s assertion 1) The party who received the instant construction from the Plaintiff that Defendant C is the contractor is not Defendant B, but Defendant C. 2) Defendant C’s assertion that Defendant C paid KRW 116,80,000 out of the construction cost of the instant construction work and the additional construction cost, and Defendant C paid KRW 100,000 on behalf of the Plaintiff. The Plaintiff paid KRW 100,000 on behalf of the Plaintiff.