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(영문) 대구지방법원김천지원 2019.01.15 2017가단458
공사 하자보수비
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 November 10, 2014, the Plaintiff, C, and D concluded a construction contract with the Defendant to newly construct the studio 2,250,00 won (total size 197 square meters, total construction cost 495,000,000) per construction cost, between the Defendant and the Defendant, for a fixed period of up to June 30, 2015.

B. The instant building was completed around September 12, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff paid a total of KRW 32,008,400 with the repair cost due to the occurrence of any of the following defects in the instant building, and that the Plaintiff claimed KRW 32,008,400 as compensation in lieu of defect repair and damages for delay thereof.

On November 20, 2015, 1924,00 GY 1,753,40 HW 3,16 January 16, 2016, HW 4, 2016; 2,453,00 HW 1,753,40 G LW 3, 16, 208 HW 2,453,00 HW 15,00 HW 156, 50 HW 50 5, 2016; 990, GW 18, 200 GW 18, 200 GW 18, 200, GW 608, GW 18, 206, 206, GW 16, 208, G 206, 207, 206, 16, 206, 206, 16,74,206, of the Plaintiff

It is insufficient to recognize that the plaintiff paid KRW 32,008,400 to the defect repair cost, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

(3) The plaintiff's claim of this case was dismissed on May 1, 2017, stating that the defendant recognized the existence of some defects in the building of this case.

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