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(영문) 인천지방법원 2016.12.23 2015가단32195
손해배상금
Text

1. The Defendant’s KRW 10,032,00 for the Plaintiff and 5% per annum from June 20, 2015 to December 23, 2016.

Reasons

Basic Facts

On March 2015, the Plaintiff paid KRW 31,851,000 to the Plaintiff’s supply and demand of Tranchising construction work among remodeling construction works for Tranchis building from B points.

On March 17, 2015, the Plaintiff and the Defendant purchased polysing (UPBSC 200 x 600 x 600) 1,360 x 6.290,00 won (including value-added tax) from the Defendant, a dealer of the other date, for the execution of the said construction, and the Plaintiff paid the purchase price in full to the Defendant on the same day.

On March 18, 2015, the day following the conclusion of the contract, the Plaintiff received a different day from the Defendant. From the 21st of the same month, the Plaintiff began to work as “the instant construction,” and the other day purchased from the Defendant and delivered from the Defendant (hereinafter referred to as “the instant other day”).

On March 25, 2015, the completion of approximately 70% of the construction of the instant case, such as discovery of so-called “fluoring defect,” discovered any defect in visual corrosion different from each other in color and brightness.

(hereinafter referred to as “the foregoing defect” in accordance with the terms used in the pleading by the parties to the instant case. The Plaintiff immediately notified the Defendant of the defect in color.

However, due to the characteristics of the above defects, the partial repair is difficult, the beginning date of the business of the wa Holdings is imminent, and the inventory of the same kind is not sufficient, and the remaining date remains without repairing the parts already built.

4. 2. The work was completed.

After the completion of the reduced construction work, B, the contractor of the instant construction, paid only KRW 10,386,000 out of the total construction cost to the Plaintiff on the ground of this defect.

【In the absence of any dispute, there is no ground for recognition”, entry of Gap's 1 through 4, partial entry of Gap's 6 (including any additional entry; hereinafter the same shall apply), witness C and D's testimony, witness E's testimony and testimony.

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