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(영문) 울산지방법원 2018.02.09 2016가단67235
손해배상(기)
Text

1. The Defendant’s KRW 57,155,804 as well as 5% per annum from November 24, 2016 to February 9, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of golf practice range, golf products sales business, etc., and the Defendant is a company with the purpose of wholesale and retail business of building materials, export and import business, etc.

B. On July 2014, the Plaintiff and the Defendant concluded a contract for the supply and construction of the 156,680,062 won for construction work, and the supply and construction of the 4th floor and the studio floor materials of the building located in Ulsan-gu D Golf range (hereinafter “instant golf driving range”) located in Ulsan-gu, Seoul (hereinafter “instant golf driving range”).

C. On August 6, 2014, the Plaintiff paid KRW 127,01,750 in total, including KRW 57,41,750, and KRW 69,590,00 on November 1, 201 of the same year.

The Defendant constructed “F” products produced by the “E” company’s “E” company at the studio, studio, professional room, and rest area of the instant golf driving range (hereinafter “instant floor materials”). The above floor materials are the floor finishing materials that combine the coke with other materials.

E. Around the end of January 2015, the Defendant completed the construction of the floor of this case, and thereafter, the damage of the floor of this case and the key phenomenon occurred, centering on the other stone passage exposed to the outside.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 3 and 5, and purport of the whole pleadings

2. Determination on the cause of the claim

A. Even after the completion of the instant construction work, the Plaintiff’s assertion made use of inappropriate products by the Defendant, caused defects, such as destroying floor materials, and even after the Defendant’s repair of defects, this phenomenon continues to exist.

As such, the Plaintiff suffered losses that the Defendant used the above inappropriate products to reconstruct the floor materials suitable for the instant golf practice range, and the amount of damages is KRW 127,001,750, which the Plaintiff paid to the Defendant as the construction cost of the instant case.

Therefore, the defendant is liable to pay the above amount to the plaintiff as damages.

The plaintiff is the defendant's performance of floor materials of this case.

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