손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 2015, the Plaintiff contracted the construction of a new factory to C Co., Ltd. (hereinafter “C”) on the ground D in Namyang-si, Namyang-si (hereinafter “instant construction”).
B. On the other hand, around April 2015, the Plaintiff entered into a contract with the Defendant for construction supervision (hereinafter “instant supervision contract”) stipulating that the contract amount of KRW 22,572,00, and the period of work from April 20, 2015 to September 30, 2015 shall be from April 20, 2015 (hereinafter “instant supervision contract”).
C. Around September 2015, C completed the instant construction and completed a completion inspection, but it was found that light heat and burner concrete were omitted on the instant factory floor unlike the design drawing (hereinafter “instant defect”).
Around September 2017, Defendant also recognized that there was a negligence of failure to verify the defect in this case in a fair manner.
E. The appraiser E of this case determined that it is impossible to supplement the defects in this case at present, and that it is necessary to pay excessive cost, unless the defects are important.
[Ground of recognition] The fact that there is no dispute, Gap's 2 and 3 evidence, appraiser E's appraisal result, the whole purport of pleading
2. The assertion and judgment
A. If the determination of the cause of the claim is not important and the excessive cost of repair is required at the same time, it cannot claim damages in lieu of the repair of the defect or the repair of the defect, and only damages caused by the defect may be claimed. In such a case, the ordinary damages caused by the defect shall be the difference between the exchange value of the object and the exchange value in the present state where the defect was done without any defect, unless there are special circumstances. If it is impossible to calculate the difference between the exchange value and the defect, the ordinary damages caused by the defect shall be the situation of the defect and the construction cost in which the defect was done without any defect.