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(영문) 부산지방법원 2020.12.24 2020나46868
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Facts of recognition;

A. On July 28, 2018, the Plaintiff entered into a contract with the Defendant and Seo-gu Busan District Housing Co., Ltd (hereinafter “instant housing”) by setting the construction cost as KRW 750,000 for the rooftop waterproof construction work (hereinafter “instant waterproof construction”).

B. The Defendant completed the instant waterproof construction from August 4, 2018 to August 9, 2018.

C. Around July 28, 2018, the Plaintiff paid KRW 100,000 as the down payment for the instant waterproof construction contract, and KRW 500,000 as the remainder around October 23, 2018, respectively.

On the other hand, the approval date of the use of the housing of this case is December 31, 1973.

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

2. The Plaintiff’s assertion that the cause of the claim occurred due to the Defendant’s defect in the waterproof Construction, and the Plaintiff suffered damages therefrom.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 1,200,000 for reconstruction of the waterproof Construction Work of this case, KRW 600,000 for the waterproof Construction Work of this case, KRW 500,000 for the interior distribution cost of the house, KRW 300,000 for the damages for delay, and KRW 2,60,000 for the damages for delay.

3. Determination

A. According to the overall purport of each film and pleading of evidence Nos. 2 and 3 (including paper numbers, photographs) as to the occurrence of damages liability, the Defendant is liable for the Plaintiff’s damages due to the defect in the waterproof Construction, since there was a defect, such as leaving the rooftop floor of the instant housing, which was conducted by the waterproof Construction, and resulting in water leakage inside the instant housing.

B. Regarding the scope of property damage within the scope of compensation for damage, even though the occurrence of damage due to the defect in the waterproof Construction is recognized, it is difficult to confirm the degree of old age of the instant housing and the condition of the instant housing before the waterproof Construction, and considerable time after the waterproof Construction.

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