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(영문) 서울북부지방법원 2020.07.01 2019나38039

기타(금전)

Text

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

Reasons

Basic Facts

(1) On August 26, 2016, the Plaintiff entered into the instant construction contract and carried out the instant construction contract (hereinafter “instant housing”) between Jongno-gu Seoul Metropolitan Government D Housing (hereinafter “instant housing”) and C, the father of the Defendant.

As to the construction cost, KRW 16,500,00 (including surtax, KRW 6,600,000 at the time of contract, KRW 6,600,00 at the time of completion of the board, KRW 3,300,00 at the time of completion of the construction), and the term of construction from August 29, 2016 to September 9, 2016, and the term “instant construction” (hereinafter referred to as “instant construction”).

(2) The above construction contract was concluded on the same day with the Defendant’s account and deposited KRW 6,600,000, and the Defendant accepted the above construction contract with the Plaintiff’s consent. (2) The housing 2 and 3 floors above the written estimate of the construction contract of this case were finished with the styrenll, but the above construction was completed in a way that covers the knickergll.

On October 5, 2016, the Defendant paid the completion of the instant construction and the construction cost. On September 5, 2016, the Plaintiff deposited KRW 9,900,000 in the Defendant’s account, including the total amount of KRW 6,60,000 on September 26, 2016 and KRW 3,300,000 on November 25, 2016.

From December 22, 2016, the occurrence of defects related to the instant construction works, and the occurrence of leakage defects in the instant housing related to the instant construction works from around December 22, 2016, and the Plaintiff, around January 2017, carried out the defect repair work (attached Form 1) in relation to the foregoing leakage defects.

Around January 20, 2017, another water was generated in the instant house, and the Defendant, around February 4, 2017, told the Plaintiff that “In the event that water leakage occurs again after drilling, the board construction will be completely reconstructed.”

Since then, there was a small amount of rain, the Plaintiff did not incur water leakage in the housing of this case. On February 22, 2017 and around February 27, 2017, the Plaintiff purchased the cost of the defect repair work (attached Form 2).