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(영문) 대구지방법원 2016.01.28 2015가단118714
손해배상(기)
Text

1. All of the plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 7, 2014, the Plaintiffs purchased each 1/2 share of the building and site of “G” in “G” located in “G” in “G” (hereinafter, “instant inn”) from “G” in the Seogu-gu, Daegu (hereinafter, the “instant inn”), and jointly take over the instant inn’s facilities and business rights, and jointly engage in the instant inn business.

B. Defendant C is conducting business, such as installation of ELD advertisements and electric sign board facilities, in a mutual name in the Seogu of Daegu.

C. On June 5, 2013, Defendant C: (a) contracted out construction works for external landscape lighting and signboard construction of the instant brigade from E, the former owner; and (b) Defendant C, the construction engineer of construction work, such as lighting, performed the construction works for external landscape lighting facilities.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, Gap evidence 5-1, 2, 3, Gap evidence 6, 7, and the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. The plaintiffs asserted that, at the time of the above underwriting contract with E, E also transferred the damage claim for the above construction to the plaintiffs. However, the video of the outer wall that the defendants completed lighting facility construction has not been properly operated, and the defendants did not again pay 8.3 million won to the defendants, and even if they requested additional repair work, the defendants did not perform the defect repair work. Thus, the defendants are jointly and severally liable to return the above construction cost to the plaintiffs, and the defendants are jointly and severally liable to compensate for the damages amount of 100 million won due to the initial defect of the construction, so the defendants are jointly and severally liable to pay 5.4.15 million won [(8.1 billion won) x 1/2] to the plaintiffs.

B. According to the reasoning of the judgment on the claim for the return of additional construction cost, the Plaintiffs’ claim for the repair work against the Defendants in 2014, and the cost of 8.3 million won.

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