(영문) 전주지방법원 2018.04.12 2017나4044 | 리걸엔진

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(영문) 전주지방법원 2018.04.12 2017나4044

손해배상금

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1. The part of the judgment of the court of first instance against the defendant C shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On October 20, 2012, the residents of the 23 household units located in YY-gu, Jeonju-si (hereinafter “the instant building”) decided to carry out the project of outer walls and rooftop waterproofing works (hereinafter “instant waterproofing works”) destroyed by typhoons. Of the instant building, the residents of the 23 household units requested the Defendant B, who was in charge of the management of the instant building, as the owner of G among the instant building, to select the instant waterproofing construction companies and conclude a contract for the instant waterproofing works.

B. Around that time, Defendant B contracted the instant waterproof construction to Defendant C who operates “H”. Accordingly, Defendant C performed and completed the waterproof construction on the instant building.

C. The Plaintiff is the owner of the instant building I or J, and from around October 2013, issued a certificate of content to the effect that, on January 14, 2016, Defendant B, the Defendants, on February 26, 2016, and March 7, 2016, requesting each of the Defendants to “the occurrence of water leakage in the instant building K due to the defective construction of the instant waterproof construction, which shall compensate the Plaintiff for the damages incurred to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 12, and 15, the purport of the whole pleadings

2. There were defects, such as cracks, in the instant waterproof construction executed by Defendant C to the summary of the cause of the claim, resulting in water leakage in the Plaintiff’s building G.

Accordingly, Defendant C is liable for damages in lieu of defect repair, and Defendant B is liable for damages for the performance of delegated affairs contrary to the intent of delegation. Accordingly, Defendant B is liable for the payment of KRW 1,000,000, the cost of defect repair, KRW 1,710,000, and the cost of replacing remote areas and plates, and KRW 8,750,000, which suffered from the failure to lease to another person (=monthly rent 250,000 x 35 months from September 10, 2013 where water leakage occurred to September 2016).

3. The merits of Defendant C.

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