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(영문) 서울중앙지방법원 2016.10.19 2016가합520312
손해배상(건)
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 76,653,100 as well as its annual interest from March 28, 2015 to October 19, 2016.

Reasons

1. Facts of recognition;

A. On June 23, 2013, the Plaintiff entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the construction of a 2-story general steel structure building (hereinafter “instant building”) on the ground of 3,894 square meters in Jeju-si, Jeju-si (hereinafter “instant construction”) (hereinafter “instant construction contract”).

The main contents of the instant contract are as follows:

1. Construction name: E works-building works;

2. The construction site: Within Jeju-do.

3. Date of commencement: June 24, 2013.

4. Date of completion: October 30, 2013.

5. Contract amount: 11. Value-added tax shall be included in the amount of KRW 10,000,000 (including 2,420,000,000).

B. The Defendant C completed the instant construction and obtained approval for the use of the instant building on January 20, 2014, and delivered the instant building to the Plaintiff around that time.

C. The defect occurrence and defect repair cost of the instant building did not perform the construction work of the new construction work of the instant building, or changed the design drawing differently from the design drawing.

Accordingly, the Plaintiff requested the repair of defects to Defendant C on October 28, 2014. However, in order to repair the building in this case there are any defects such as the entries in the table of defect assessment by item of the attached Table, the Plaintiff’s expense of KRW 176,653,100 is required (the appraiser sent that the amount of KRW 186,069,880 is required to repair the defect of the building in this case for the first time, but the appraiser corrected or changed its opinion on the following matters: ① The defect repair expense was corrected to KRW 7,152,60 (the total cost reduction construction of the outer wall of the building) on the ground that there was an error in the calculation method of the defect repair expense in the case of item 11 (the construction of the building to reduce the windows of the building in whole) on the ground that there was an error in the defect repair expense, ② the defect item 67 (the difference between the result of the first appraisal,356,130 won) is reduced and changed construction work.

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