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1. The defendant's KRW 28,103,750 for the plaintiff and 6% per annum from April 18, 2020 to September 15, 2020 for the plaintiff.
Reasons
1. Basic facts
가. 원고는 토목건축공사업 등을, 피고는 아스콘 생산판매업 등을 각 사업목적으로 하는 회사이다.
B. On May 26, 2017, the Plaintiff contracted for a new construction of a factory building on the ground of D 3,105 square meters of land for the instant land (hereinafter “instant land”) owned by C (hereinafter “C”), which was purchased from the Defendant on May 26, 2011,658,350 won in price (i.e., 47,000 won/metrics x 225.5 tons x 1.1.1, value added tax (hereinafter “instant sales contract”).
C. On August 16, 2017, the Plaintiff entered into the instant construction project by using the instant asphalt, and C completed the registration of ownership preservation on the two-story of the general steel structure board roof on the instant land, the 1st floor, the 722.74 square meters, the 89.75 square meters on the 1st floor, and the 2nd floor 89.75 square meters on the 2nd floor.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, and Gap's 4-2's each entry, video, and oral argument
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) As a result of the instant construction work, the surface of the asphalt package installed as a result of the instant construction work, and the separation of aggregate occurred. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 50,204,00 (including value-added tax) and damages for delay, which are the cost of reconstruction after demolishing the instant asphalt container as compensation for nonperformance.
B. According to the appraiser E’s appraisal of the occurrence of one liability for damages, ① as a result of the testing and measurement of the instant container, the measurement was conducted below WC-1 and WC-2 lower than the lower standard value in terms of the standards for the admission of aggregate. ② As such, the instant container is inappropriate for the standard value of aggregate, and tin is likely to have a brupted quality, a brue, or a brue and brue.