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(영문) 서울중앙지방법원 2020.09.17 2020나7858
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff contracted to the Defendant and the Co-Defendant D Co-Defendant D Co-Defendant D Co., Ltd. (hereinafter “D”) for multi-family housing construction works and urban infrastructure construction works among urban infrastructure works (hereinafter “instant construction”) in the first instance trial to KRW 9,346,13,000.

(hereinafter “instant contract”). (b)

The Defendant and D completed the instant construction and completed the completion inspection from F Co., Ltd. F (hereinafter “F”), which was in charge of supervision on December 11, 2009, delivered the Plaintiff the urban infrastructure completed the completion inspection.

On the other hand, on December 17, 2009, F issued a supervisor’s completion supervision protocol to the Plaintiff on the ground that “The instant construction work was completed without being in accordance with the construction design drawings and quality control standards and other agreements.”

C. On August 4, 2010, the Plaintiff notified the Plaintiff of the complementary measures regarding the “road subsidence around the steel dog,” the “debrising soil erosion and flooding” according to the result of the inspection, and then requested supplementation measures even after the inspection.

The Plaintiff continuously demanded complementary measures to D, etc., the contractor, according to the details notified by the office of the Seodaemun-do Waterworks.

The Plaintiff requested a defect repair to D, but did not receive the defect repair, that is, the defect laid underground at the depth of 2.5 meters (hereinafter “the core defect of this case”) rather than the depth of 1.2 meters indicated in the design drawing, and the defect that was immediately installed in front of the crosswalk, not the outside of the crosswalk (hereinafter “the fire hydrant defect of this case,” and the defect that was installed in front of the crosswalk (hereinafter “the fire hydrant defect of this case,” including the core defect of this case and the fire hydrant defect of this case, hereinafter “the defect of this case”) between April 2017 and June 201.

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