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(영문) 대구지방법원 2018.10.05 2015가단124825
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Of the litigation costs, 50% is the Plaintiff, and the remainder 50% is the Plaintiff.

Reasons

1. Basic facts

A. In order to transfer the business, the Plaintiff, who sells Buddhist products, purchased three-story buildings on the ground (hereinafter “instant building”) in Daegu-gu, Daegu-gu, and completed the registration of transfer of ownership. Defendant C is the inside director of Defendant B Co., Ltd (hereinafter “Defendant Co., Ltd”) and Defendant D are the auditors of the Defendant Co., Ltd.

B. The Plaintiff intended to undertake the instant building construction project to alter the building into the sales of Buddhist goods and residence. Accordingly, the Defendant Company submitted the first written estimate with the construction cost of KRW 131,93,760 (excluding surtax), and submitted the second written estimate with the reduction of the construction cost of KRW 123,117,895 (excluding surtax), and then again submitted the third written estimate with the reduction of the construction cost of KRW 110,010,455 (hereinafter “third written estimate”) on August 25, 2015.

C. On August 29, 2015, the Plaintiff and the Defendant Company set the construction cost of the instant building at KRW 110,000,000 for the instant construction in accordance with the written estimate for estimate on August 29, 2015, and “the instant construction works less than hereinafter referred to as “the instant construction works”).

(D) The Defendant Company concluded a contract. By October 25, 2015, the construction of the instant construction and the construction specifications of the attached table for other construction works was completed. E. The Plaintiff paid the Defendant Company the total amount of KRW 90 million for the construction cost of the instant construction work. [Grounds for recognition] The Plaintiff did not dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 2, 3, 6, 9 (each statement including the serial number, the result of the on-site inspection by this court, the purport of the entire pleadings.

2. The party's assertion and judgment

A. The party’s assertion (1) In the instant construction work executed by the Defendant Company, defects such as sea water height due to the defect of the floor of the first floor and the wall waterproofing construction in the underground floor were generated, and the Defendant Company did not complete the electrical construction of the wall of the first floor above the ground level. The defect repair and the construction cost for the non-construction are KRW 39,920,650.

In addition, due to the defective construction works of the defendant company, rainwater in the building of this case.

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