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(영문) 대전지방법원서산지원 2017.09.12 2016가단52960
손해배상(기)
Text

1. The Defendant shall pay 11,028,700 won to the Plaintiff and 15% per annum from July 19, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 29, 2015, the Plaintiff entered into a contract with the Defendant for the new construction of the instant housing C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-A (hereinafter “instant construction”).

The main contents are as follows:

Scope of construction

1. Construction of main building and main entrance and exit;

2. The report on the establishment and use of the front DNA food and stone of the building;

3. Heating and cooling works;

4. Main stairs and outer retaining walls may be changed according to the situation of the site;

5. Development of external windows, solar KCC or the specifications of the said level;

6. Scope of failure to perform the works to change the appearance of the roof or roof roof roof;

1. Arrangement of sites outside construction sites;

2. Direct creation of the owner of a building after the change into an external gravel turfy;

3. In addition to the particulars and the portion requested by the owner, the completion of the work after obtaining an estimate and obtaining approval - The defendant will undertake the work in accordance with the terms and conditions of this contract (including drawings, specifications, construction specifications, etc.; hereinafter the same shall apply) and the design documents (including drawings, specifications, construction specifications, etc.). If the design documents are not specified, it shall be determined by mutual agreement between

Article 3 (Implementation of Construction Works)

1. The defendant shall carry out the construction work in accordance with the separate drawing and drawings, and may not modify the design contents at will without the plaintiff's consent.

B. The Defendant completed the instant construction on January 2016, and received a certificate of completion inspection on March 21, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion lies in a part that was or was not constructed differently from the design drawings and specifications, and there are defects in the part that was constructed.

Therefore, the defendant is liable to compensate the plaintiff for the expenses incurred in performing the above erroneous construction and repairing the defects.

B. The gist of the Defendant’s assertion is as to the instant construction work.

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