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(영문) 대전지방법원 2020.02.18 2018가단225958
손해배상(기)
Text

1. The Defendant’s KRW 35,77,695 as well as 5% per annum from November 9, 2018 to February 18, 2020 to the Plaintiff.

Reasons

1. The Plaintiff is a company operating a motor vehicle maintenance business. The Plaintiff purchased land to newly build a motor vehicle maintenance plant on the Seo-gu Daejeon District Office, Seo-gu, Daejeon, and gave a contract for civil and construction works (including expansion works; hereinafter “instant construction works”) in KRW 5 billion to the Defendant.

The Defendant completed the instant construction, and there were several defects in the military.

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. Determination on the claim

A. The plaintiff's summary of the plaintiff's assertion that "the defendant is obliged to pay the above KRW 3888,00 to the plaintiff since there was a defect repair cost equivalent to the total of KRW 7,88,00 due to the defendant's defective construction."

B. Determination 1) In the absence of bilateral dispute: 1) The Plaintiff asserts that the total sum of 17,609,448 underground floors - 1,739,189 won of repair cost - 1,852,970 won of repair cost - 1,852,970 won of repair cost - 3,106,043 won of repair cost for the second floor water above ground level - 14,017,289 won of repair cost for the second floor above ground level - 3,106,043 won of installation cost for the second floor above ground level : 3,106,000 won of removal of the outer wall below ground surface of the Plaintiff’s 3,106,043 won of repair cost for the above part; 2,000 won of removal of the outer wall below the outer wall below the ground surface of the Plaintiff’s 2,106,043 won of removal of the outer wall below the ground surface of the retaining wall.

According to the above facts, the reason for leakage of the relevant part does not occur after the removal of the retaining wall.

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