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(영문) 광주지방법원 2018.09.12 2017가단510619
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 45,176,383 and the interest rate of KRW 15% per annum from June 6, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On June 2, 2016, the Plaintiff: (a) contracted the Defendant with the construction cost of KRW 66 million; (b) the construction period of construction; and (c) the rate of KRW 1/1,000 for delay; and (d) subsequently changed the construction cost of KRW 74.4 million.

B. The Defendant was unable to complete the construction before the said construction period, and the said housing was approved on January 2, 2017.

C. The Plaintiff paid the rent of KRW 230,00 for the delay of construction, and temporarily resided in nearby studio and spent KRW 2 million for the storage of moving goods. The Defendant was aware of the foregoing fact.

In the instant construction work, there are defects such as the entrance of the warehouse, laundry room, the installation of toilets, etc. and unconstruction parts such as kitchen, kitchen, living room, walls of a room, kitchen, fung, fung in acheon, etc., and the costs for the construction and the repair thereof are 37,440,783 won in total.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 27 evidence (including virtual number), the result of appraiser D’s appraisal, the purport of whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay the plaintiff damages totaling KRW 45,176,383 [2,30,00 for delay compensation of KRW 37,440,783 for non-construction and defect repair expenses 】 5,505,60 for delay compensation of KRW 5,50 for delay 】 74 days (1/1,000 for the following day after the completion of construction x 74 days x 74 days for use from October 21, 2016 to October 20, 2016, which is approval date for use; however, the above argument is without merit) as compensation for delay from October 20, 2016, the plaintiff is obligated to pay the plaintiff damages at the statutory interest rate of KRW 230,000 for delay compensation of KRW 37,440,783 for delay from May 29, 2018 to June 15, 2018.

3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is without merit.

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