(영문) 창원지방법원 2019.06.27 2018가단114474

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(영문) 창원지방법원 2019.06.27 2018가단114474

하자보수금 등 청구의 소

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1. The Defendant’s KRW 13,006,69 as well as the Plaintiff’s KRW 5% per annum from October 20, 2018 to June 27, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff related to the parties is the owner of the instant building that completed registration of preservation of ownership on July 25, 2017, as the owner of a new construction project for the first floor of the first floor of single-story Housing (hereinafter “instant building”) of the Jinwon-si, Changwon-si, which was the owner of the instant building, and the Defendant entered into a new construction contract with D on the instant building and completed the construction project for the instant building.

B. Around March 2017, D entered into a contract for construction works with the Defendant and the instant building into a written contract for construction works on the basis that: (a) the construction period from March 1, 2017 to April 20, 2017; (b) the construction cost of KRW 120,000,000 per square year; (c) the prompt construction of the matters stipulated in the special agreement; and (d) the cost of removal, design, construction, completion, and settlement of rent; and (c) the Defendant, the contractor, was responsible for the construction works.

(hereinafter “instant contract”). C.

1) The Defendant completed the construction and the payment of the construction cost under the instant contract. On July 18, 2017, the Plaintiff obtained approval for the use of the instant building. 2) The Plaintiff paid to the Defendant the construction cost of KRW 120 million under the instant contract.

The costs of KRW 13,006,699 are required to repair the foregoing defects in the instant building constructed by the Defendant.

The repair cost of the parts related to the defect in the order of 8,035,297 won in total 732,822 won in the defective construction of the floor of the 2nd building, and 537,243 won in the rupture of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the rest of the public toilet, 848,507 won in total, 15,998 won in the height of the defective-use room, 780,564 won in the absence of the rest of the rest of the 848,50,507 won in the outer wall, and 60,564 won in the total of 916,268 won in the entrance, 13,006,69 won in the aggregate of the rest of the 8,000 won in the 2nd, there is no dispute over the purport of the appraisal of Gap E

2. Determination

A. Determination as to the cause of the claim.

유사 판례

-대전지방법원 2018.10.18 2017가단221201

-제주지방법원 2017.08.17 2015가합1235

-전주지방법원 2014.09.18 2013가단16574

-서울고등법원 2018.02.23 2017나19571

-춘천지방법원 2015.07.10 2014나3553