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(영문) 전주지방법원 2015.01.08 2013나13415
손해배상 등
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. Facts of recognition;

A. On November 7, 2008, the Plaintiff entered into a construction contract with the Defendant that sets the construction cost of KRW 200 million (including value-added tax) and the construction period from November 7, 2008 to March 5, 2009, the warranty period of the defect liability period of one year, and the liquidated damages rate of 0.1% per day (hereinafter “instant construction contract”).

B. On November 7, 2008, the Defendant commenced the instant construction, and the newly built neighborhood living facilities (hereinafter “instant building”) obtained approval for use on April 21, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4-1 to 5, Eul evidence 12, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion did not perform the construction works of steel structure, the installation works of materials transport elevators, the safety inspection of elevator for material transport purpose, and the repair work part of the instant building. The defects occurred on the rooftop floor, the second floor, and the outer wall of the instant building. The construction work of this case should be completed on April 21, 2009 after the construction period stipulated in the instant construction contract, which was 47 days after the completion of construction period stipulated in the instant construction contract.

Therefore, the Defendant is obligated to pay to the Plaintiff the costs of installing steel structure for the supply of 19,789,000 won for the supply of stuffs for the supply of 19,789,000 won for the supply of stuffs and the repair cost of 21,835,000 won for the supply of stuffs, 20,000 won for the repair cost, 20,020,000 won for the repair cost, 79,04,000 won for the delayed repair cost, 9,40,000 won for delay damages, and damages for delay.

B. Determination on the assertion on the non-execution portion 1) In full view of the purport of the argument as a whole, the Defendant’s steel structure for connecting strings among the instant construction works, taking into account the following: (a) connecting strings (15 meters) (No. 8-1); and (b) connecting strings (15 meters).

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