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(영문) 서울중앙지방법원 2019.08.28 2017나38494
손해배상(기)
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The plaintiff's total costs of litigation.

Reasons

1. Basic facts

A. At the request of the Plaintiff, the Defendant carried out the following construction works:

(1) On January 6, 2014, around April 2015, 2015, the Corporation for the Installation of 1st floor toilets located in Jongno-gu Seoul Metropolitan Government E Housing (hereinafter “Housing Toilets Corporation”) (hereinafter “Housing Toilets Corporation”) around April 2015, as well as the Corporation for the Installation of 1st floor toilets located in D Hotel in Jung-gu Seoul, Jung-gu (hereinafter “Lane toilet Corporation”).

B. As to each of the above construction works, the Defendant received KRW 35,200,000 in total from the Plaintiff on January 6, 2014 to November 2, 2015.

C. Meanwhile, the number of hot water in the first floor above the D hotel is not sufficient, and the floor is contaminated by water leakage in the D hotel for the first floor above the D hotel, and E housing was generated by water leakage in the inside of the first floor, and the 1st floor toilet below the ground was generated by the occurrence of defects, such as the occurrence of malodor due to the reverse flow of sewage and wastewater.

According to the court's defect appraisal results, the problem of the hot spring temperature on the first floor of D hotel was not revealed, and the problem of the hot spring temperature on the ground was found to be caused by the water leakage from the pipe, the water leakage of the toilets on the first floor of E house was caused by the water leakage from the toilet screen pipe, and the water leakage of the toilets on the second floor of E house was caused by the water leakage of the toilet screen pipe, and the malodor from the E-house underground floor was immediately connected to the city wastewater without the sewage pipe through the septic tank.

[Ground for Recognition: Facts without a partial dispute, Gap evidence 1 through 9, 13 (including paper numbers), and appraiser G's defective appraisal report]

2. Summary of the parties' arguments

A. The plaintiff asserts that for the following reasons, the defendant is obligated to pay to the plaintiff the amount of KRW 32,750,000 for the repair of such defects (the amount of KRW 8,443,00 for the rest of the rest of the hotel room in the hotel of KRW 9,906,00 for the rest of the hotel of KRW 8,443,00 for the rest of the rest of the hotel and the rest of the toilet of KRW 14,401,00 for the rest of the rest of the hotel of KRW 14,

① The Plaintiff and the Defendant.

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