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(영문) 서울동부지방법원 2019.12.13 2018가합108566
손해배상(기)
Text

1. The Defendant’s KRW 186,83,400 and the Plaintiff’s annual rate of KRW 6% from May 9, 2018 to December 13, 2019 and the following.

Reasons

1. Basic facts

A. On November 20, 2015, the Plaintiff entered into a contract for a construction project under which the term “C Office (B1) Facility Supplement Work” (hereinafter “instant construction project”) was determined and awarded to the Defendant as the contract amount of KRW 1,297,828,510, and the construction period from November 23, 2015 to January 31, 2016. On December 22, 2015, the Plaintiff entered into a contract for a modification to the terms that increase the contract amount of KRW 1,453,634,00 on the said construction project to KRW 1,453,634,00, and on January 15, 2016, the Plaintiff concluded a contract for a modification to the terms that extended the construction period to February 10, 2016.

(hereinafter referred to as the “instant construction contract”). The content of the instant construction project is as follows.

(unit: Shall be classified as metal works, metal works, concrete works, unclaimed works, and other contents, waterproof US franchises, waterproof protection floors, non-regravated dyp, water hold and hold-up works.

B. Around February 10, 2016, the Defendant completed the instant construction work.

C. As of April 2, 2018 and April 26, 2018, the Plaintiff requested the Defendant to repair the defects of “C underground 1st floor M&A” in the “C underground 1st floor M&A”, but the Defendant rejected the request.

【Ground for recognition】 The fact that there has been no dispute, entry in Gap 1, 2, 4, and 6 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion occurred due to the Defendant’s negligence in the construction of the instant construction project, which caused ruptures and straws to the reduction and exemption of concrete of the first floor underground in the office board of water, and the Defendant is obliged to pay the Plaintiff KRW 680,000,000 to the Plaintiff as compensation in lieu of the above repair of defects and damages for delay.

B. 1) Determination 1) As a result of the Defendant’s appraisal of appraiser D who caused defects due to the Defendant’s negligence in the execution, the fact-finding results of this court’s appraisal of appraiser D (hereinafter collectively referred to as “the result of the instant appraisal”).

In full view of the purport of the entire pleadings, C. that the Defendant moved to as part of the instant construction.

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