Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. At the time of port, the Plaintiff contracted the Defendant with the construction of a cafeteria “D” restaurant on the first floor of the building in South-gu, Seoul (hereinafter “instant construction”) and the Defendant from May 13, 2016 to the same year.
7.3. The construction was carried out until 7.
B. Around August 1, 2016, the Plaintiff paid 88,000,000 won to the Defendant as construction cost.
[Grounds for recognition] Unsatisfy, entry of Gap evidence 1 (including branch numbers for which there are various numbers), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The main point of the Plaintiff’s assertion caused defects such as defect repair, temporary closure damage, etc. due to the Plaintiff’s defect in the main part of the Defendant’s construction, the Plaintiff suffered damage, such as defect repair, temporary closure, etc., and the Defendant is liable for damages due to nonperformance or tort as follows.
1) The amount equivalent to KRW 19,613,716 (1) (2) equivalent to the cost of repair works in lieu of a defect repair (19,613,716 (1) (2) separately from the cost of repair works requested and paid by the Plaintiff to another business entity on November 14, 2016 (2), KRW 2,500,000 (2) of the cost of repair works (2,500,000 (3) of the cost of repair works for 10-day temporary closure damages (3) of the cost of repair works for the expected period of the defect repair works (3) above (3) of the cost of repair works for 4-day temporary closure damages (3), 2,800,000 (3) of the total amount of damages (4) above (41,913,716).
B. (1) According to the result of the appraisal in the first instance trial, it was revealed that there were defects in the construction as follows with respect to the 13 defects claimed by the Plaintiff. As a result of the appraisal of the contents of defects in the Plaintiff’s claim (whether to acknowledge defects and the appraiser’s opinions) the cost of repairing defects (cost of identifying the causes of defects) and recognition of the non-construction of the 2TV antenna line (cost of ascertaining the causes of defects) ¡¿ 3-19,1703-2 main floor water of the 3170-2 main floor water of the 3-19,170-2 main floor water of the Plaintiff’s claim (outstanding of construction of the main floor flood control).