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(영문) 광주지방법원목포지원 2014.08.20 2013가단52286
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2010, the Plaintiff (the contractor) entered into a contract with the Defendant (contractor) regarding the “construction project for the promotion project of the development project of traditional funeral industry” (hereinafter “instant construction project”) on the ground of the 882 ground in the dong-ri-dong, Newan-gun, Seoul Special Metropolitan City (hereinafter “instant construction project”) as follows (hereinafter “instant contract”).

Period: Period for warranty of defects of KRW 200,000 (including value-added tax) from January 5, 2010 to March 25, 2010: two years;

B. The Defendant completed the instant construction work around February 20, 2010.

C. The Plaintiff paid 200,000,000 won to the Defendant as follows.

(1) KRW 100,00,000 on February 3, 2010 (2) KRW 41,486,705 on March 19, 2010 (3) 3. 58,513,295 on March 24, 2010

D. On January 11, 2013, the Plaintiff sent to the Defendant a certificate of content to the effect that the Plaintiff asserted any defect, such as water height, in relation to the instant construction work, and demanded the repair thereof.

The defendant received the above content certification around that time.

【In the absence of a dispute over a part of the grounds for recognition, entry of Gap evidence 1 through 4 (including each number for each case) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the cause of the Plaintiff’s claim lies in defects such as non-construction, erroneous construction, and defective construction, and the cost of repairing the defects is KRW 102,015,120. As such, the Defendant is obligated to pay the Plaintiff KRW 102,015,120 as compensation in lieu of defect repair, and damages for delay.

B. The Defendant’s assertion that the instant construction project was completed on February 20, 2010, delivered the object of the construction to the Plaintiff, and the period of warranty liability has expired on February 20, 2012, which was two years thereafter, and the Defendant’s warranty liability expired.

3. The period of warranty against defects on the market contractor is the period of exclusion, which shall not be the period of exercise of judicial or extra-judicial rights, but the period of release from the court for judicial proceedings.

Therefore, the warranty warranty right is naturally extinguished due to the excess of the period.

(e).

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