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(영문) 수원지방법원성남지원 2020.10.14 2019가단211644
손해배상(기)
Text

Defendant C’s 58,456,000 won and 5% per annum from October 29, 2019 to October 14, 2020.

Reasons

1. Facts of recognition;

A. On April 2, 2016, the Plaintiff, from Nonparty D, contracted the construction of a new residential facility and multi-family house with the 1st underground floor and the 4th ground floor size (hereinafter “instant building”) in Seongbuk-si, Seongbuk-si, and subcontracted the construction of the instant building to Defendant C (hereinafter “Defendant C”) on September 12, 2016 for the construction of a single unit of the instant building during the said construction (hereinafter “instant construction”).

B. On November 8, 2016, the Defendant Company submitted to the Plaintiff a test report (Evidence No. 5) stating that the quality of the “SP-624NF” supplied to the Plaintiff, which is not higher than that of the “SP-624NF,” and submitted to the Plaintiff a certificate of supply (Evidence No. 6) with the content that the “Isssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss

C. Defendant B is an internal director of the Defendant Company, and the Plaintiff paid to Defendant B a total of KRW 20 million as the instant construction cost by December 12, 2016.

On the other hand, the plaintiff completed the new construction of the building of this case and delivered it to the above D, and D filed a lawsuit against the plaintiff on the claim for damages against the defects, such as myi, etc. arising from the construction of the building of this case.

(1) On January 8, 2019, the court of the first instance held that: (a) the Plaintiff paid 110,590,000 won in aggregate of the expenses for repairing defects stated in the attached Table to D; and (b) the Plaintiff paid 115,72,00 won in aggregate (i.e., KRW 110,590,590,000 in total from March 3, 2017 to January 8, 2019; and (c) the amount calculated at the rate of 15% in interest of 115,72,00 won in total from the foregoing defect; and (d) the amount from the following day to the date of full payment to the date of full payment.

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