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(영문) 수원지방법원 2021.01.28 2020나62464
손해배상(건)
Text

The judgment of the first instance court is modified as follows.

A. The defendant 3,849,510 won to the plaintiff (the appointed party) and 2,563.

Reasons

1. Facts of recognition;

A. On March 19, 2016, the deceased E (hereinafter “the Deceased”) entered into a contract for construction with the Defendant who was engaged in a wooden house construction business on the part of March 19, 2016 (hereinafter “the instant building”) under which the Deceased newly constructed a wooden house one (hereinafter “instant building”) on the land outside the Gyeonggi-do Gyeyang-gun, Gyeonggi-do, the Defendant on the two lots of land (hereinafter “the instant construction”) (hereinafter “the instant construction”) at the cost of construction KRW 4 million per average and construction period from April 11, 2016 to June 11, 2016 (hereinafter “the instant contract”).

B. At the time of the instant contract, the Defendant and the Deceased agreed that the total building area of the wooden house 1 and 2 shall be 58 square meters, and additional expenses may be incurred if design or material is modified, and that the Defendant shall be liable for all defects occurring during the construction process, and that the Defendant shall be exempted from liability due to natural disasters (hereinafter “the instant special agreement”).

(c)

During the construction process under the instant contract, the Deceased demanded, unlike the terms of the initial agreement, to change the form of steel with the 2nd floor interior rail not wood but with the columns and roof of the 2nd floor interior.

The Defendant reflected this and paid KRW 232,00,000 as agreed to the Defendant from April 11, 2016 to June 14, 2016, and the Deceased paid KRW 6,4230,000 for the construction price due to changes in the contract, such as changes in materials for the second floor, etc.

(d)

In fact, the instant building was completed as a total of 108.75 square meters for one story and 71.43 square meters for two stories, and 180.18 square meters for two stories. Since then, in the process of filing a report on completion of construction, approval was granted for the use of the building as a total of 106.20 square meters for one story and 176.41 square meters for two stories, and registration was made on the building ledger as a 106.20 square meters for one story and 70.21 square meters for two stories.

E. The Deceased cannot reach the original agreement on the building area of the instant building to the Defendant.

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