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(영문) 청주지방법원 2017.08.22 2016가단7494
손해배상(기)
Text

1. The Defendant’s KRW 50,492,650 as well as the Plaintiff’s annual rate from June 4, 2016 to August 22, 2017, and the following.

Reasons

1. Facts of recognition;

A. On March 14, 2013, the Plaintiff entered into a construction contract with the Defendant and the Cheongju-si, with respect to the construction of a building “Cbuilding” (hereinafter “instant building”) on the ground B of the petition-gu, Cheongju-si (hereinafter “instant building”) with the construction cost of KRW 794,310,000 (the changed amount by additional construction work KRW 813,010,000), and the defect warranty period of the construction contract for the construction work

(hereinafter “instant contract”). (b)

The Plaintiff paid all the agreed construction cost to the Defendant, and the Defendant completed the instant building on December 25, 2013.

C. In design drawings, “the external wall of the first floor of a building shall be 24m (import stone) thickness (the brute error) and the outer wall of the second floor shall be 24m thick, and the outer wall of the second floor shall be 24m thick.” Without regard to the Plaintiff, the Defendant constructed the outer wall of the building 1st floor by changing the outer wall of the building 18m thick from the thickness to the potent.

From the time of completion, gold dypists on the outer wall of the first floor of the building, and the defendant, at the request of the plaintiff, performed the replacement work of part of the outer wall at least four times, and thereafter there is rupture on the outer wall.

E. In addition, ① the number of water leakages in the outer part of the upper floor of the building 2 and 3, ② the number of water leakages in the outer wall (parking lot) of the first floor, ③ 3 and 4 stories in the toilets of the third and fourth floors, ④ the floor of the rooftop of the building and the wall rupture, ⑤ the corrosionproof and cracks inside the first floor of the building were generated.

After completion, the Defendant was engaged in repair works for the above leakages, ruptures, and ruptures, but the remuneration was not proper.

[Ground of Recognition] Facts without dispute; Gap evidence Nos. 1, 3 through 6, 8 through 11, Eul evidence Nos. 2 and 5 (including each number); the result of the commission of appraisal of defects to appraiser D by this court; the whole purport of the pleading [Evidence Evidence]; the witness E's testimony

2. The parties' assertion and judgment

A. The plaintiff 1's ground of appeal Nos. 1 continues to exist after the completion of the building of this case

(d). (e);

The defendant has caused the same defects as the paragraph.

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