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(영문) 서울동부지방법원 2017.10.25 2017나1006
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. A. Around November 2013, the Plaintiff entered into a contract with the Defendant to contract the KIKO and floor waterproof construction work on the underground floor of the building located in Songpa-gu Seoul, Seoul. The Defendant, while performing the floor waterproof construction, performed water reclamation work, performed reclamation work, and performed reclamation work on water way, and there were defects such as the amount of water drain and the possibility of water draining on the surface of the irrigation channel. The fact that the construction cost is 4,410,191 won for repairing such defects is not disputed between the parties, or that there is no dispute between the parties, evidence No. 1, evidence No. 8-1 through 3, evidence No. 12, evidence No. 14-1 to 4, respectively, and the purport of the court of first instance as to the defect repair damages, and that the Defendant, as a whole, sought compensation for damages from the 15th day following the judgment of the Plaintiff to the 10th day after the 20th day of the first instance trial as to the defect repair damages.

B. The Plaintiff asserted that due to the above defects of the construction of this case, the Plaintiff spent 1.3 million won and 3.8 million won at the cost of the sewerage repair work, respectively, and that as for the waterproof construction cost, 7.5 million won and 6.1.6 million won for the artificial reconstruction cost are expected to be incurred, the Plaintiff is liable for compensating for a total of 15,440,00 won. However, the evidence submitted by the Plaintiff, such as the evidence No. 4-1, No. 2, and evidence No. 8-1, No. 8-4, and evidence No. 9-4, are alone the same.

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