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(영문) 광주지방법원목포지원 2017.08.24 2017가단51311
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2010, the Plaintiff (contractor) entered into a contract with the Defendant Limited Company A (contractor; hereinafter “Defendant Company”) on the construction period for D D Corporation’s ground (hereinafter “D Corporation”). From January 5, 2010 to March 25, 2010, the construction cost was KRW 200,000,000, and the period of warranty liability was two years.

Defendant B was the supervisor of the instant construction work.

B. Around February 20, 2010, the Defendant Company completed the instant construction, and the Plaintiff paid the Defendant Company the construction cost of KRW 200,000,000 from February 3, 2010 to March 24, 2010.

C. On November 5, 2010, the Plaintiff entered into an additional contract between the Defendant Company and the Defendant Company for the second experience center extension work (specifically, the construction work of the second class neighborhood living facility of the second class floor with a building area of 96 square meters, steel frame and sand position plate structure; hereinafter “additional construction work”).

The Defendant Company filed a lawsuit against the Plaintiff seeking the payment of additional construction cost (No. 2012Gadan16054). The Plaintiff filed a counterclaim (No. 2013Gadan3208) of the said lawsuit against the Plaintiff, and additionally filed a lawsuit against the Defendant Company claiming damages in lieu of the defect repair (hereinafter “related case”) on the ground that there was a defect in the instant construction work undertaken under the instant construction contract, such as non-construction, erroneous construction, defective construction, etc., conducted against the Defendant Company pursuant to the instant construction contract.

The plaintiff was sentenced to a judgment against all of the above cases.

[Ground of recognition] Facts without dispute, Gap evidence 3-1-3, Eul evidence 1-3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 was built in accordance with the design drawings of the instant construction contract in a way that the foundation of the building ought to stick out to 20 cm, and ② is 32 m32 m in front of the luxle and luxing.

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