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(영문) 창원지방법원 2014.03.11 2012가단28762
손해배상(기)
Text

1. Defendant B: 18,064,008 won and its related amount to the Plaintiff (Counterclaim Defendant) shall be 5% per annum from December 6, 2012 to March 11, 2014.

Reasons

1. Basic facts

A. On April 10, 2012, the Plaintiff entered into a contract for construction works with Defendant Jinju Construction on the contract basis of KRW 135,740,00 for construction cost (including value-added tax) among the new construction works of the Jinju Construction, the steel frame, the board, and the rescoping construction works of the Jinju-si C building (hereinafter “instant building”).

Around that time, the Plaintiff entered into a contract for construction work with Defendant B on the basis of the contract price of KRW 11,000,000 (value-added tax separate) among the new construction works of the instant building.

B. Although the new construction of the instant building was completed around July 20, 2012, there was damage caused by water leakage on the roof of the instant building, and thereby, damage caused by government corrosion and damage.

C. The Plaintiff demanded the Defendants to repair defects on the roof of the instant building.

On August 23, 2012, Defendant Jin Construction: (a) made an agreement on the responsibility for repair of construction works to the Plaintiff on September 5, 2012, stating that the construction cost shall be borne by the contractor (Provided, That the contractor shall be confirmed; (b) 1); (c) in the event of failure to perform the construction of the board; and (d) additional construction works to prevent water leakage on the part of the building A, B, B, B, and B, and 1; (b) in the event of failure to perform the construction of the board, the repair cost shall not be raised; and (d) in the case of the Plaintiff, the number of water leakages was continuously incurred even after installation on the roof of the building of the instant case; (b) KRW 15,00,00; (c) KRW 5,00,00,000; and (d) KRW 5,000,000; and (e) KRW 5,208,208,200; and

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