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(영문) 의정부지방법원 2016.09.29 2015나10265
공사대금
Text

1. Of the judgment of the first instance, the Defendants were jointly and severally liable to the Plaintiff for the payment of KRW 35,644,31 as well as the payment thereof from November 1, 2012 to September 29, 2016.

Reasons

. There is a defect in the above confidentiality in the plaintiff's construction error, such as attaching it to the tape.

② Due to the Plaintiff’s design defect, many crops died in a plastic house due to the scarbling or passing rainwater, and the Defendants installed a flood cultivation facility equivalent to KRW 30,561,000 in order to prevent the said damage.

Therefore, the Defendants set off against the Plaintiff the claim for the repair cost equivalent to KRW 17,707,697 against the Plaintiff and the claim for damages equivalent to KRW 30,561,00 due to the design defect in the amount of KRW 30,561,00.

2. First of all, we examine whether there exists any defect in the construction of this case based on the claim for defect repair costs.

According to the statement in Gap evidence 7, the result of the appraisal of defects, and the purport of the entire arguments, in the contracts and estimates related to the construction of this case, the size of the pipe of the main pole with the above five plastic cities is "048.1 (Outboard) *2.3t (Th), *4.5m", and the size of the pipe of the auxiliary pole is "048.1 (outboard) *2.1t (Thm) *6m" *. The thickness of the pipes installed in the above plastic house is 2.026m-2.075m. The thickness of the pipes of the auxiliary pole is 1.813m-94mm, due to the plaintiff's error in the construction of this case, the size of the pipe of the main pole of the instant plastic pole is 5m or fixed on the connected part of the plastic pole and pipe, and the size of the part of the plastic pole is 5m or fixed on the upper vinyl, and it is recognized that the part of this case is 20myl vinyl."

Next, according to the result of the appraisal of defects in this court, the above greenhouses are installed in three Dongs.

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