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(영문) 서울동부지방법원 2018.10.25 2017가합112391
구상금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 172,768,264 as well as its annual interest from December 21, 2017 to October 25, 2018.

Reasons

1. Facts of recognition;

A. (1) On June 11, 2012, the Plaintiff entered into a construction contract with C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”), under which the Plaintiff would receive a contract amount of KRW 12.25 billion for the environmental improvement work (hereinafter “instant factory”) located at the time of Chungcheong from C and D (hereinafter “instant construction”) and changed the contract amount of KRW 12.25 billion on December 14, 2012.

(2) On June 11, 2012, Defendant A (hereinafter “A”) entered into a technical supervision service contract with C and D to receive a contract amount of KRW 220 million with respect to the instant construction work from Defendant A and D.

(3) Defendant B was a certified architect affiliated with Defendant A, who was responsible for the supervision of the instant construction project.

B. The Plaintiff completed the instant construction work around December 28, 2012, in the course of the damages suit claiming the occurrence of the instant defect and the repair of defects.

However, on July 31, 2014, a part of the outer walls constructed by the plaintiff on the outer wall of the factory of this case and the building building of this case among the factory of this case was removed.

(hereinafter “instant defect”). (2) C and D filed a lawsuit against the Plaintiff claiming damages in lieu of defect repair (hereinafter “previous damages lawsuit”).

On November 4, 2016, the Seoul Central District Court sentenced C and D to the effect that "the plaintiff shall pay 1,323,702,127 won and damages for delay to C and D as damages in lieu of defect repair of the defect in this case (Seoul Central District Court 2015Da521141), and the plaintiff appealed against it, but the appellate court declared that the plaintiff's appeal is dismissed (Seoul High Court 2016Na208173), and the Supreme Court appealed again.

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