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(영문) 대구지방법원 2019.10.25 2017가단17198
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2016, the Plaintiff received orders for interior interior interior interior interior interior interior interior interior decoration works of the fifth floor of the building located in the Daegu Suwon-gu, 2016 (hereinafter “instant health center”) and subcontracted to the Defendant the waterproof construction works of the male and female shower room among them.

B. From May 21, 2016, the Defendant performed and completed the waterproof construction of the instant fitness room between this frame, and on June 4, 2016, the Plaintiff paid KRW 1.8 million to the Defendant for the cost of waterproof construction.

C. On June 2, 2016, the Defendant: (a) prepared a written confirmation that the Defendant is fully responsible for the occurrence of any flood control defect in the shower room; and (b) issued it to the instant project owner.

On December 11, 2016, the Plaintiff: (a) contacted the Defendant with the contact that water flows into the fiveth floor, the fourth floor, and the bottom of the instant health room due to water leakage in the instant health room from the owner of the instant health room; and (b) decided to remove the shower room floor and re-construction work the Defendant and other construction business operators, together with the Defendant and other construction business operators.

E. On March 5, 2017, the Defendant: (a) prepared and issued a written confirmation to the instant health care business owner stating that “I will perform an internal waterproof construction work at the time when the date comes to the health care center; (b) will be responsible if a flood control problem arises; and (c) issued it.”

F. However, the Defendant did not perform a water leakage repair work of the instant helicopter, and the Plaintiff, from June 1, 2017, performed reconstruction after demolishing the floor of the shower room, following the removal of the shower room floor due to the repair work of the said water leakage, which was conducted for the period of eight days from June 1, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4, Eul evidence 2, Eul evidence 2, appraiser D's appraisal result, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. According to the fact that the Plaintiff Defendant did not properly perform the waterproof construction, the Defendant is running in the shower room of this case.

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