(영문) 춘천지방법원강릉지원 2019.03.12 2017가단33083

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(영문) 춘천지방법원강릉지원 2019.03.12 2017가단33083

손해배상(기)

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1. The Defendant: (a) KRW 30,073,754 for the Plaintiff and its related KRW 6% per annum from July 14, 2017 to March 12, 2019; and (b) March 13, 2019 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 24, 2016, the Plaintiff contracted the construction of the Gangwon-do ground housing (hereinafter “instant construction”) to the Defendant (mutually referred to as “C”), and paid the Defendant the full amount of KRW 180 million for the construction cost, including the additional construction, such as the retaining wall and fence work.

B. After the Defendant completed the construction, the Plaintiff completed the registration of initial ownership relating to the completed house on July 5, 2016 (hereinafter “instant house”).

C. In the instant housing, there are defects, such as ① grasing walls, ② rupture of the wall with the wall, ② rupture of the wall with the wall, ③ stringing of the wall with the wall, ④ water leakage caused by the installation of the wall waterproofing and mast-out concrete in front of the entrance, ⑤ water leakage caused by the installation of the wall with the wall of a warehouse, ⑤ water leakage in front of the entrance, 60,73,754 won (=1,960,03 won ( ② 1,914,684 won), ③ 262,390 won ( ④ 8,541,584,959,70, 7040,750 won) and 30,754 won (=30,754 won) to repair the said defects (i.e., the removal of the water pipe connected to the interior water pipe of a building).

[Ground for Recognition: Each entry of Gap evidence 1, 2 (Partial Nos. 1, 3, and 4, each video of this Court, the result of the on-site verification by this Court, the result of the appraiser E's appraisal (including the result of each fact inquiry by the appraiser), the whole purport of the pleadings; the each entry of evidence Nos. 1, 2, and 5, and 6 shall not interfere with the fact-finding in paragraph (c)]

2. Determination on the cause of the claim

A. The plaintiff's assertion that the construction of this case occurred as a result of the plaintiff's failure to use the house of this case as it was impossible for the plaintiff to use the house of this case. Thus, the defendant is obligated to pay to the plaintiff the construction cost of KRW 180 million plus KRW 200 million for removal cost of KRW 20 million and damages for delay.

B. As recognized in Section 1-C, there are some defects in the instant housing.

유사 판례

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-광주지방법원 2015.05.14 2013가단38768

-울산지방법원 2017.12.12 2016가단15098