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1. The Defendant’s KRW 13,623,150 for the Plaintiff and KRW 5% per annum from November 17, 2018 to February 19, 2020.
Reasons
1. Facts of recognition;
A. On July 2018, the Plaintiff, as the owner of the land and the ground house in the East Sea, concluded a contract with the Defendant for installing retaining walls of approximately 33 meters in length on the above site (hereinafter “the instant retaining wall construction”) and installing retaining walls on the ground of D land (hereinafter “the instant retaining wall construction”) with total construction cost of KRW 26,474,00,00 for construction cost (excluding additional tax).
In the above contract, the owner agreed that “in principle, a separate contract for construction works other than a retaining wall shall be entered into in principle,” and “the owner shall be liable for all matters of authorization and permission when a civil petition arises.”
B. On July 2018, the Defendant commenced construction of a retaining wall for a patrolman.
The construction project is conducted without the original design drawings, and thereafter, the Plaintiff prepared a design drawings by requesting E around August 2018 due to the filing of civil petitions by neighboring residents, and obtained permission for development activities from the Dong-si around August 27, 2018.
around that time, the Defendant built the ground-breaking construction of the retaining wall of this case, and built the burner concrete around September 8, 2018.
C. On October 1, 2018, the Defendant completed the instant retaining wall construction using steel reinforced concrete retaining walls. D.
The retaining wall of this case was collapsed around 18:00 on October 5, 2018.
E. The Plaintiff removed and re- installed the retaining wall of this case from October 10, 2018 to October 30, 2019.
[Ground of recognition] Facts without dispute, Gap 1, 3, 7, 11, 12, and 19 (including provisional numbers) and the purport of the whole pleadings
2. The occurrence of warranty against defects;
A. The Enforcement Decree of the Framework Act on the Construction Industry [Attachment 4] provides that the warranty period for the installation works of retaining walls shall be two years in the case of site suspension, earth work, stone work, stone work and stone work. Thus, the warranty period for the installation works of retaining walls shall be two years.
However, as seen earlier, the Defendant’s completion of the retaining wall construction of the instant case and delivery of it to the Plaintiff, that the retaining wall of the instant case was collapsed within four days.