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(영문) 서울중앙지방법원 2019.05.29 2018가합524752
손해배상(건)
Text

1. The Defendant shall pay to the Plaintiff KRW 286,00,000 as well as 15% per annum from April 24, 2018 to the date of full payment.

Reasons

Based on facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-7, 9-11, and Eul evidence Nos. 1-6 (including various numbers).

On June 23, 2014, the Plaintiff entered into a contract with the Defendant on June 23, 2014, with the term “instant waterproof construction works” (hereinafter referred to as “instant waterproof construction works”) of the D Logistics Center (hereinafter referred to as the “instant Logistics Center”) for the construction cost of KRW 440 million (including value-added tax; hereinafter the same shall apply) and the construction period from June 23, 2014 to July 31, 2014.

(hereinafter referred to as “instant subcontract”). On July 11, 2014, the Defendant issued a sub-subcontract to E Co., Ltd. (hereinafter “E”) with the cost of the instant waterproof construction as it is, KRW 319 million, and the construction period from July 1, 2014 to July 31, 2014.

At the time of the conclusion of the instant subcontract, the roof of the Logistics Center (hereinafter “instant roof”) had already been built in a way that the horizontal part of the sandd position board was toward the upper direction in accordance with the construction drawings. However, E had the execution of the instant waterproof construction work by means of spreading polybes, which is a waterproof product, and completed around October 2014.

As water leakage and repair of the roof of this case occurred from December 2014 from the roof of the instant roof of the instant roof, the Defendant repaired such defects through F, etc. upon the Plaintiff’s request, and the Defendant re-subcontracted on August 31, 2016, with the construction cost of KRW 162,80,000,000 and the construction period from September 6, 2016 to September 30, 2016.

Nevertheless, as water leakage occurred on the roof of the instant case, the Plaintiff again requested the Defendant to repair defects on or around January 23, 2018.

As the Defendant did not comply with this, the Plaintiff is called H Co., Ltd. (hereinafter “H”) on April 1, 2018.

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