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(영문) 서울남부지방법원 2017.03.28 2015가단241925
손해배상(기)
Text

1. The Defendant’s KRW 43,008,033 as well as the Plaintiff’s annual rate from January 12, 2016 to March 28, 2017, and the following.

Reasons

1. Facts of recognition;

A. On March 2015, the Plaintiff and the Defendant jointly engaged in the remodeling business with the trade name “C” and D set the period of completion on April 30, 2015, when entering into a contract for the instant construction work for the remodeling work of “F” on the second floor of the building E (hereinafter “instant construction work”).

B. The Plaintiff transferred part of the instant construction cost to the Defendant from March 5, 2015 to April 18, 2015.

C. D, which performed the instant construction, discontinued the instant construction during the course.

On the other hand, due to the defective construction of water pipes included in the instant construction, water pipelines did not pressure and water leakage occurred on May 20, 2015 and on May 24, 2015 (hereinafter “instant water leakage accident”). The Plaintiff paid KRW 2 million to H who operates G as compensation for damage caused by the instant water leakage accident, and paid KRW 200,000 to the management office for personnel expenses incurred in handling water leakage sites.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 7, 12, 16 (including each number in the case where there are separate numbers), Eul evidence 1, and the result of appraiser I's appraisal, the purport of the whole pleadings]

2. Determination

A. The Plaintiff’s assertion 1) The Defendant did not implement the instant construction contract, and thus is liable for damages due to the Defendant’s nonperformance. 2) The Plaintiff suffered damages of KRW 55 million in the construction cost, ② KRW 2.2 million in the compensation for damages caused by the instant water leakage, ③ KRW 12,260,00 in the compensation cost due to the instant water leakage, ④ KRW 1.6 million in the compensation cost due to the defective repair period of the instant construction (12 days) and KRW 1.6 million in the compensation cost due to the defective repair period of the instant construction (12 days), ⑤ KRW 28 million in the compensation for temporary closure for seven months due to the discontinuance of construction (4 million in the total 9,060,000 in the total 7 months).

3. Therefore, the defendant is obligated to pay to the plaintiff KRW 99,060,000 and damages for delay.

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