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(영문) 서울동부지방법원 2018.12.21 2016가단127832
손해배상(기)
Text

1. The Defendant’s KRW 88,040,586 as well as 5% per annum from September 1, 2016 to December 21, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. As to the construction work of urban multi-household housing and neighborhood living facilities (hereinafter “instant building”), the Plaintiff and the Defendant agreed to undertake the construction work under the name of D Co., Ltd. with which the Defendant was a director (hereinafter “Nonindicted Co., Ltd.”), but the actual construction was agreed to select and proceed with the construction company (hereinafter “instant agreement”), and the cost of the construction work was calculated and paid to the Defendant for the actual cost and to pay KRW 30 million as site management expenses.

Meanwhile, the Plaintiff and E are co-owners of the instant building.

B. In accordance with the instant agreement, on February 18, 2013, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the non-party company, setting the contract amount of KRW 546,210,00 with respect to the instant construction project on February 25, 2013, and August 30, 2013 scheduled completion date (hereinafter “the instant construction contract”). The Defendant selected the construction company and started the instant construction project on February 25, 2013 and completed the construction project on July 2013.

On July 29, 2013, the approval for use of the instant building was rendered.

On July 15, 2013, the Plaintiff issued a warranty insurance policy on the instant building at its own expense. Around October 2013, the Plaintiff agreed to settle the construction cost finally incurred with the Defendant as KRW 655,600,978 (including industrial accident insurance premium and name lending fee for the company outside Korea, KRW 27,984,878, management fee for the Defendant, KRW 30 million).

Since then, the Plaintiff became aware of the problems, such as non-construction, noise between floors, etc., in the instant building, and sent the content-certified mail requesting the repair of defects to the non-party company on December 12, 2013, and continuously requested the repair of defects thereafter, but the repair was not properly made in addition to the repair of some defects by the Defendant. The Plaintiff against the non-party company on July 25, 2014.

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