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(영문) 부산지방법원 2016.11.16 2014가합13917
손해배상(기) 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A contracted for the 57,700,000 won of the contract amount for G repair works in the Republic of Korea (hereinafter “instant repair works”). While performing the said repair works, the Plaintiff contracted for the 105,884,100 won of the said repair works.

B. While performing the instant repair work, Plaintiff A was faced with an accident falling on the second floor.

C. The cost necessary for the repair of the instant repair works and the parts of the additional construction works executed by the Plaintiff A is KRW 8,153,100, and KRW 5,691,300, if it is excluded from roof cumulative defects.

[Grounds for recognition] Uncontentious facts, the result of each appraisal by an appraiser H, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) Plaintiff A’s claim for the construction cost of Plaintiff A is the Defendant F Co., Ltd. (hereinafter “Defendant Company”).

(1) The Defendant Company received a contract for the instant repair work from the Do, and received additional construction work equivalent to KRW 105,884,100 at the request of the Defendant Company during the said repair work, and the Defendant Company paid only KRW 74,550,00 as the construction cost. Meanwhile, since the part of the instant repair work and additional construction work was executed by the Defendant side, it is not the Plaintiff’s responsibility, and the cost of repairing the defects incurred in the instant repair work and additional construction work is KRW 5,691,30,00. Therefore, the Defendant Company demanded the Plaintiff to compensate for damages from the site supervision of the instant repair work and additional construction work under the direction of the Plaintiff Company to compensate for damages from the site supervision during the instant repair work.

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