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The judgment below
Among the judgments of the court below, the part concerning the claim for damages due to the Nos. 2 and 7 defects is reversed, and this part of the case is remanded
Reasons
The grounds of appeal are examined.
1. As to the claim for damages due to the defect Nos. 2 and 7 of the holding of the court below
A. According to Article 21(7) of the former Building Act (amended by Act No. 8852, Feb. 29, 2008; hereinafter the same), and Article 19(6)1 of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 20722, Feb. 29, 2008; hereinafter the same), supervision to be performed by a project supervisor includes “verification as to whether a contractor performs construction works in conformity with design documents”.
In addition, Article 21 (2) of the former Building Act provides that if the contractor fails to perform the construction work in accordance with the design documents, the construction supervisor shall notify the contractor of the fact and then shall request the contractor to correct or reconstruct the construction work.
In light of the contents of these regulations, a project supervisor shall confirm whether the contractor executes the construction work in accordance with the design documents, and shall notify the contractor of the fact that the contractor does not perform the construction work in accordance with the design documents (hereinafter “unconstruction defect”) or arbitrarily changed the contents of the design documents so that the contractor does not incur any loss due to such defect, and shall bear the obligation to request correction or reconstruction from the contractor.
Whether a project supervisor has failed to perform his/her obligation under the supervision agreement as above should be determined depending on whether the project supervisor could have anticipated such defects in light of the technical level, experience, location and details of defects in the unconstruction or modified construction, the scale of construction, etc. of the general project supervisor at the time.
On the other hand, in the same construction project, the damages liability due to the nonperformance of the supervision contract by the project supervisor and the contractor's default on the contract.