손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 5,882,00 to the Plaintiff (Counterclaim Defendant) and its amount from August 22, 2013 to January 29, 2015.
1. Facts of recognition;
A. On March 28, 2013, the Plaintiffs: (a) concluded a contract with the Defendant, who operates “D” on March 28, 2013, by setting the construction cost of KRW 90 million for the instant construction work; (b) from April 1, 2013 to July 15, 2013 for the construction period; and (c) concluded a contract with the Defendant, who is managing “D”, for the construction work of detached houses E in Chungcheongnam-gun Budget-
(hereinafter “instant contract”). (b)
Around June 23, 2013, the Defendant, while performing construction works in accordance with the instant contract, suspended the instant construction, and the Defendant’s new housing (hereinafter “instant housing”) was approved for use on August 19, 2013.
C. At present, defects, such as the crack of basic board, the reduction of thickness of basic board, and the rupture of bathing rooms, have occurred in the part of the construction of the instant housing, and entry roads and parking lot facilities, etc. are still in the state of unconstruction. The detailed details of the rupture repair cost, construction cost, other defects repair construction cost, and construction cost are as shown in the attached Table, and the cost necessary for repairing defects arising in the already constructed part is KRW 18,071,00 in total (i.e., cost of repairing defects of KRW 11,379,00 in rupture repair cost and construction cost of KRW 6,692,00 in rupture repair cost of KRW 11,379,00 in rupture repair cost and construction cost of KRW 6,692,00 in rupture repair cost
On the other hand, the plaintiffs moved into the house of this case on July 11, 2013 and reside therein, and the price paid by the plaintiffs to the defendant is KRW 70 million.
[Ground of recognition] A without dispute, Gap evidence 1-3, Gap evidence 2-6, Gap evidence 7-1-3, Gap evidence 8-1-3, Eul evidence 3-4 and Eul evidence 4, the result of this court's inquiry about the defects of appraiser F, the result of this court's request for the supplementation of appraiser F, the purport of the whole pleadings as a whole.
2. Determination as to the cause of the principal claim
A. According to the above facts, the defendant's defect repair incurred to the plaintiff with respect to the part already constructed, unless there are special circumstances.