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(영문) 인천지방법원부천지원 2015.03.04 2013가단33036
손해배상(기)
Text

1. The Defendant’s KRW 7,645,792 as well as the Plaintiff’s annual rate from September 10, 2013 to March 4, 2015.

Reasons

1. On February 18, 2011, the Defendant is a factory of the first floor [the first floor of general steel structure factory 992.72 square meters (hereinafter “factory operation”)] located in Kimpo-si, Kimpo-si from the Plaintiff on February 18, 2011

(2) In the case of a 1st floor general steel structure factory (office room, employee shop), 109.92 square meters, 2nd floor general steel structure factory (office room), 105.12 square meters (hereinafter “office room”).

(2) Around June 20, 2011, the construction of the instant factory (hereinafter referred to as “instant factory”) was contracted for KRW 726 million for the construction of the instant factory (hereinafter referred to as “instant construction”). Around June 20, 2011, the instant construction was completed and the Defendant handed over the instant factory to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 10 to 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Defendant’s assertion 1) Sigma Co., Ltd. (hereinafter “Sigma”).

A) A new factory was built on a site adjacent to the factory of this case, and the construction of the new construction is Indian L&C Co., Ltd. (hereinafter “UWC”).

(2) On March 11, 2013, the Plaintiff, the Defendant, the Sigma, and the Mag F&C agreed to jointly disclose the causes of the defect that occurred in the instant plant on the part of the boundary adjacent to the instant factory site while cutting down the earth and sand, and caused the defect in the crack of the instant plant. The specific details of the agreement were as follows: “The Plaintiff, the Defendant, the Sigma, and the Mag F&C agreed to jointly disclose the causes of the defect that occurred in the instant factory; “4 companies jointly undergo the precise safety diagnosis and then repair the defect; the cause provider bears all the costs associated with the structural safety diagnosis; the Plaintiff and the Sigma selected companies conduct the structural safety diagnosis; and if the responsibility of the Si construction is determined as a result of the structural safety diagnosis, the Si works agreed to perform the defect repair construction within four days after consultation with the Plaintiff.”

3 The above agreement is only after the plaintiff underwent structural safety diagnosis.

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