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(영문) 창원지방법원 2015.02.13 2012가단25213
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 5, 2011, the construction of a new building (hereinafter “instant construction”) of reinforced concrete structure C, reinforced concrete structure, reinforced concrete roof 72.23 square meters and 176.24 square meters (hereinafter “instant building”) under the ground of single-story detached housing was commenced around 72.23 square meters, and one-story 176.24 square meters (hereinafter “instant building”).

B. On March 29, 2012, the Plaintiff completed registration of initial ownership relating to the instant building.

C. Of the instant construction for underground finishing of the building, there was a hole in an air-conditioning pipe, which caused water leakage, such as water falling short of the irrigation pipe laid underground on the ceiling of the instant building. From July 2012 to July 2012, damage was inflicted on sound equipment, bags, etc. in the underground of the instant building.

The building of this case does not close the hallway floor cracks, the front door studs, and the front door studs of the building. There were defects such as the destruction of the hallway, the occurrence of indoor timber ridges, etc.

[Ground of recognition] Evidence A No. 1, the inquiry result of this court's Kimhae-si, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff asserted that the construction of this case was ordered to the defendant.

The sum total of KRW 19,802,200, if the damages incurred to the goods underground due to water leakages under the instant building and the costs of repairing defects existing in the instant building are combined.

Therefore, as a contractor of the instant construction project, the Defendant is obligated to compensate the Plaintiff for KRW 19,802,200.

Even if the Defendant is not the contractor of the entire construction of this case, the Defendant was awarded a contract for the interior works of this case from the Plaintiff at least.

The leakage of water under the instant building was caused by the damage of air-conditioning pipe by the failure to fix the ceiling timber in the course of artificial park construction. Thus, the Defendant is liable for damages as the contractor of artificial park construction.

Even if the Defendant is not the contractor of the instant construction project.

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