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(영문) 울산지방법원 2020.08.20 2018가단51456
손해배상(기)
Text

1. The Defendant’s KRW 9,79,285 as well as the Plaintiff’s annual rate from February 3, 2018 to August 20, 2020.

Reasons

1. Basic facts

A. On December 6, 2016, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of KRW 110 million, and the deadline for completion as the last day of February 2017, Ulsan-gun, Ulsan-gun, Ulsan-gun, for the construction of a detached house (hereinafter “instant building”) on the ground (hereinafter “instant construction works”).

B. As the instant construction cost, the Plaintiff paid a total of KRW 16 million to the Defendant from December 14, 2016 to April 3, 2017.

In addition, the Plaintiff paid KRW 3 million on March 30, 2017, KRW 200,000 on April 17, 2017, and KRW 1,342,00 on April 27, 2017 (gas installation cost of KRW 342,00,000) to D, who had been the site manager of the instant construction.

C. On March 28, 2017, the Plaintiff obtained approval for the use of the instant building from the head of Ulsan-gu Ulsan Metropolitan City.

On April 2017, the Plaintiff entered into a construction contract with E in order to install a room in the instant building and resolve the problems relating to the drainage of laundry rooms and boiler rooms.

E The construction works implemented by the E were the removal construction of the damaged septic tanks, the drainage of the laundry room, the boiler room and the water tank moving installation, and the installation of the embankment.

E. The repair and additional construction costs incurred in relation to the construction of the instant building in connection with the instant construction project appraised by the appraiser are KRW 15,398,258, as indicated in the summary of the appraisal in the attached Form.

[Grounds for recognition] Each entry of Gap 1, 3, 4, 6, and 8, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff paid KRW 16 million to the Defendant and KRW 6,432,00,000 to D, which had been the head of the field office, and paid all the construction cost of the instant case.

There are a large number of defects and non-construction parts in the building constructed by the defendant.

Expenses incurred in repairing the defects and non-construction of the building of this case are stated in the attached Form 15,398.

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