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(영문) 울산지방법원 2018.09.18 2017가단56980
손해배상(기)
Text

1. The Defendant’s KRW 14,476,01 as well as 5% per annum from June 28, 2017 to September 18, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On March 4, 2015, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant, setting the rate of delay penalty as 0.3% of the contract amount for the number of delayed days as 0.3% of the contract amount for the construction works (hereinafter “instant contract”). In addition, the Plaintiff concluded the contract for construction works (hereinafter “instant contract”).

B. On August 19, 2015, the Plaintiff occupied the instant building that was in the state of non-approval for completion of construction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport before oral argument

2. The assertion and judgment

A. (1) As part of the claim for damages in lieu of defect repairs exist in the entrance, store and floor of the first floor of the instant building in lieu of the defect repair, the claim is filed in lieu of defect repairs, KRW 21,567,130,130, in lieu of defect repairs, as there exist defects in the entrance, store and floor of the instant building in lieu of ceiling, walls, toilets, toilets, kitchens, scams, strings of the second floor, and the windows, entrances of the second floor, scams of the second floor, and in

(2) In light of the above, the Plaintiff’s evidence and appraiser D’s appraisal result and each fact-finding result, according to the previous purport of the oral argument, there exists any defects in the instant building as follows, and 14,476,01 won is required from the cost of defect repair.

The defendant shall pay the expenses for defect repairs and damages for delay caused by the damages in lieu of defect repairs to the plaintiff.

[1st floor entrance] According to the appraisal result of appraiser D's defect appraisal, the completion drawings are constructed as a string, but the difference between the string door and the general entrance door is recognized as 650,913 won in lieu of the defective repair.

[1] According to the result of the appraisal of defects, noise is generated in the ceiling of the first floor of the building of this case. This is a defect that occurs without a buffer material of pipes.

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