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(영문) 부산지방법원 2016.12.20 2015가단226768
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 9,731,237 and Defendant B with respect thereto from September 1, 2015; and Defendant C with respect to September 8, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff operates the E Innsan City D (hereinafter referred to as the “Innex”), and the Defendants are running a waterproof business using the Smix products with the trade name “F”.

B. On October 10, 2014, the Plaintiff concluded a contract with the Defendants for a waterproof construction contract with the term of KRW 1,3860,000 for the instant leisure pipes (hereinafter “instant construction”) and the term of construction from October 10, 2014 to October 30, 2014.

그 공사내역은 ① 옥상 방수, ② 4층 일부 옥상 공간 스라브작업, ③ 건물외벽 방수, ④ 샷시부 실리콘 작업, ⑤ 유리블럭 교체이고, 방수공사는 세라믹 바이오크리트를 사용하기로 하였다.

C. The Defendants, while executing the rooftop waterproof construction by using the dolusion, continued to be influenced in the top of the rooftop floor, followed by the use of a flexible acrylic product, performed a waterproof construction project on the rooftop floor by changing the construction method. The Defendants did not properly perform the cream repair, which is the basic work in relation to the waterproof of the non-building walls, and installed the glux roof instead of the slubing work on some rooftop spaces on the fourth floor.

Meanwhile, the Plaintiff paid KRW 11.5 million to Defendant B on October 1, 2014, KRW 5 million on October 30, 2014, KRW 5 million on October 30, 2014, and KRW 1.5 million on December 23, 2014.

E. Around January 11, 2015, the Defendants completed the instant construction. From January 13, 2015 to January 13, 2015, water leakage occurred in the guest rooms, stairs rooms, and walls of the instant brigade building. On the rooftop floor’s waterproof construction work site, there were a large number of cracks on the rooftop wall that was constructed in the sculpt.

[Ground of recognition] The non-contentious facts, Gap's statements and images, and the whole purport of the arguments. Gap's statements, Gap's 1 through 3, 7 through 9, 11, 15 (including provisional numbers).

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