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(영문) 대구지방법원안동지원 2015.05.27 2014가단3894
손해배상(기)
Text

1. The Defendant shall pay 2,143,000 won to the Plaintiff and 20% per annum from August 12, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 28, 2013, the Plaintiff entered into a contract for the construction of new housing (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of KRW 72,00,000,000, to construct housing units on the ground of the Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant construction contract”).

B. Around September 3, 2013, according to the instant construction contract, the Defendant completed a detached house of 98.26 square meters in the size of a single-story structure (hereinafter “instant house”) according to the instant construction contract. The Plaintiff paid KRW 20,000,000 to the Defendant according to the instant construction contract, according to the instant construction contract, on April 25, 2013, and the Plaintiff paid KRW 20,000,000 on May 28, 2013, and KRW 20,000 on July 3, 2013, and KRW 3,000,000 on June 4, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. In full view of the reasoning of the argument regarding the claim for damages due to the defect in the column 5, Eul evidence No. 1, witness D’s testimony, appraiser E’s appraiser E’s appraisal result, the employees of the architectural office at the time of the preparation of the first design drawing of the instant case were prepared on April 8, 2013 due to the reinforcement of safety when the columns exist; the above first design drawing was authorized and approved on April 8, 2013; the instant house was constructed without the columns; the instant house was constructed in the state without the columns; the instant house was built in the state without the columns; the fact that the new structure of the instant house was not changed and opened properly; the fact that the installation of the columns did not require KRW 4,96,176 to repair the defect in the column; barring special circumstances, the Defendant is obligated to pay the Plaintiff for damages due to the defect in the installation of the columns 4,96,176 won and delay damages due to the defect in the column 2).

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