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(영문) 창원지방법원마산지원 2014.10.15 2013가단5490
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is an unincorporated association consisting of residents of the E village in Gyeong-gun, Chungcheongnam-gun, and the defendant B was the representative of the plaintiff as the former head of the E village.

B. Defendant B entered into a contract on behalf of the Plaintiff to contract for the construction of the E community center and senior citizens’ hall (hereinafter “instant building”) (hereinafter “instant construction”) with the Plaintiff, and the construction of the E community center and senior citizens’ hall (hereinafter “instant building”) at the cost of KRW 170,16 million (hereinafter “instant contract”). The instant construction was completed on December 2010.

C. Defendant D, as an architect who operates a F architect office, was in charge of the design of the instant construction.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 4, Eul evidence Nos. 1, 2, 8-1, the purport of the whole pleadings

2. Claims for damages on the grounds of excessive payment of construction cost;

A. Although the Plaintiff’s assertion entered into the instant contract with the Defendant Company for construction cost of KRW 171.6 million, the Plaintiff sustained damages of KRW 23.4 million due to the Plaintiff’s collusion between the Defendant B, C, and the Company for the excessive payment of construction cost of KRW 195 million.

Therefore, the above defendants are liable for damages to each plaintiff.

B. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendants conspired to pay the construction price in excess, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s above assertion is without merit.

3. Claims for damages on the grounds of defects in the instant construction works

A. The Plaintiff’s assertion that the instant contract was concluded under the name of the Defendant Company and the instant construction was executed. Unlike the defect that constructed the instant building at a lower level than the design drawing, the defect that completed the construction differently from the design drawing of the living room, the defect that constructed the building at a higher level than the design drawing of each room, the defect that constructed each room at a higher level than the design drawing.

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