(영문) 대전지방법원 2020.03.12 2018가단223594

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(영문) 대전지방법원 2020.03.12 2018가단223594

손해배상(건)

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1. The Defendant’s KRW 113,625,058 for the Plaintiff and KRW 5% per annum from September 28, 2019 to March 12, 2020 for this.

Reasons

1. On September 25, 2017, the Plaintiff entered into a contract with the Defendant on September 25, 2017, setting the period from September 2017 to March 31, 2018 (the period of construction was changed from September 26, 2017 to April 2018) as KRW 1.177 million (including value-added tax, and then KRW 1.368 billion) for the instant construction project (hereinafter referred to as “instant construction”).

(hereinafter “instant construction contract”). The Defendant completed the instant construction work on April 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion requires KRW 159,159,00 to repair the defects caused by defects such as erroneous construction of stairs height, windows, and water leakage in the instant construction built by the Defendant. As such, the Defendant shall pay the Plaintiff KRW 159,159,00 as compensation in lieu of defect repair.

3. Determination

A. In full view of the contents and images of evidence Nos. 3, 6, and 7 (for paper numbers, each number shall be included; hereinafter the same shall apply) and the overall purport of the argument as a result of appraiser E’s appraisal, the height of stairs of the 2 through 5th floor of the instant building should be at least 1,980 meters on the design drawing, although the Defendant manufactured differently from the drawing and actually constructed height of stairs, the Defendant’s height of stairs iron plates and the number of stairs is at least 1,720-1,890 meters in height, as a result of construction with a lower height of stairs than the design drawing, the fact that there is a risk that a person breaking stairs in the instant building might face head from the above-story stairs, and that the Defendant’s removal and reconstruction of the steel-frame stairs constructed by the Defendant requires KRW 10,497,913 in reconstruction.

According to the above facts of recognition, since the height of stairs is a defect in the defendant's construction, the defendant should compensate for the 110,497,913 won, which is the repair cost.

As to this, the defendant.

유사 판례

-대전지방법원 2020.03.12 2018가단223594

-인천지방법원 2016.06.16 2016고정585

-창원지방법원 2019.04.18 2018가합54142

-광주지방법원 2016.01.14 2014가합53495

-서울고법 1990. 11. 27. 선고 90나22594 제9민사부판결 : 확정