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(영문) 수원지방법원 2018.08.09 2017나70335
손해배상(건)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The grounds for this part of the facts of recognition are as stated in the second and fourth 10 statement of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

[Ground of recognition] Facts without dispute; entries or images of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply); each appraisal result and supplementary commission result of the first instance court appraiser D; the fact inquiry result about Eul, an incorporated association of the first instance court; the purport of the whole pleadings

2. The parties' assertion

A. Defendant B is the senior supervisor of supervision over civil engineering works on the instant land, and Defendant C is the constructor of the instant reinforced soil retaining wall construction.

The Plaintiff believed Defendant B, a certified architect, and received estimates from Defendant B, and confirmed the progress of construction only through Defendant B. From April 9, 2015 to August 10, 2015, the Plaintiff paid a total of KRW 25 million to Defendant B as construction cost.

As to the instant reinforced earth retaining wall construction, Defendant B selected both the construction company and equipment company, controlled and supervised the construction process entirely, performed the construction of the instant reinforced earth retaining wall by Defendant C and other subcontractors. Some of the money received from the Plaintiff was paid as construction cost to Defendant C or spent directly by means of concrete other facilities, asphalt, steel dys, etc., and Defendant B is in the position of supervising and supervising the civil engineering works of the entire land of this case, including the instant reinforced earth retaining wall construction.

Therefore, the Defendants are jointly and severally liable to the Plaintiff for damages caused by the defect in the retaining wall of the instant reinforced soil.

The defects in the retaining wall of this case shall be removed from the retaining wall as the repair is impossible and serious, and reconstruction shall be conducted.

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