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1. Seoul Rehabilitation Court Decision 2015 Ma1960 dated January 31, 2019 shall be amended as follows:
Reasons
1. Basic facts
A. On June 8, 2012, the Plaintiff entered into a contract with E Co., Ltd. (hereinafter “Defendant”) under which the Defendant received a contract from F Co., Ltd. (hereinafter “F”) for the incidental civil works among the new G works (hereinafter “instant construction works”) from F Co., Ltd. (hereinafter “F”) on the terms that the Plaintiff would accept the contract by setting the contract amount of KRW 3,417,700,000, and three years from the completion date of construction work for the warranty period (hereinafter “instant subcontract”).
B. Around September 2012, the Plaintiff completed the instant construction, and the Defendant completed the remainder of the instant construction works on November 6, 2012, and delivered the instant construction to F, the ordering person.
C. Around December 2012, F had been transferred and used, and around December 2, 2012, 200, a stuff phenomenon occurred on the outer concrete floor surface on the instant construction site (hereinafter “instant defect”). Around December 28, 2012 and January 18, 2013, the Defendant requested the Plaintiff to repair the defects.
After March 2013, the Plaintiff sent a letter to the Defendant that he/she would repair the defect, but did not repair the defect. The Defendant implemented the repair work with the cost of KRW 499,038,243 (i.e., H Co., Ltd. 203,50,000 (= KRW 180,503,323), i.e., KRW 115,034,920).
E. On December 3, 2013, the Defendant filed a lawsuit against F with the Seoul Central District Court 2013Gahap87593 (hereinafter “instant prior lawsuit”) seeking restitution of unjust enrichment on the construction cost of the said defect repair on the ground that the instant defect was not negligence in construction but negligence in the use and management of F. However, on April 22, 2016, the Defendant was dismissed by the said court. The Defendant appealed with Seoul High Court 2016Na8277. However, the said court filed an appeal with the Defendant as of October 7, 2016.