손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. On January 23, 2013, the main contents of which are: (a) the Defendant, as a stock company with the purpose of soil construction business, stone construction business, steel bars, concrete construction business, housing construction business, etc., C is the Defendant’s representative director; and (b) the standard contract for private construction works as follows.
(A) The construction name of the instant construction contract (hereinafter “instant construction contract”): The scheduled date of completion of the construction works of D neighborhood living facilities and multi-family houses (B) on January 31, 2013: the contract amount: KRW 350,000,000: (d) the part of the contractor at the end of the instant construction contract as of May 30, 2013: The portion of the contractor at the end of the instant construction contract is indicated as “ Address: Address: Nam-gu at port, Si-gu, B: Name C: and the personal seal impression of C is affixed to each name.”
B. 1) The party to the instant construction contract is the defendant, and the defendant completed the neighborhood living facilities and multi-family houses on the south-gu D ground pursuant to the instant construction contract. Since there are defects equivalent to KRW 24,696,914 in the above building, the defendant is obligated to pay damages in lieu of defect repair to the plaintiff, and the defendant is C party to the instant construction contract, and even if the defendant is the party to the instant construction contract, there is no damages to be paid in offsetting the unpaid claim for the construction cost.
C. who is the party to the judgment is a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that any content of the contract is written between the parties to the contract, it shall not be written, but shall be written, regardless of the internal intent of the parties.