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(영문) 대구지방법원안동지원 2013.12.13 2011가합549
하자보수금
Text

1. The Defendant’s KRW 351,861,00 for the Plaintiff and KRW 5% per annum from November 3, 2012 to December 13, 2013.

Reasons

1. Basic facts

A. On April 20, 2009, the Plaintiff entered into a contract with the Defendant under which the construction cost of KRW 505,825,200 of the construction cost, and the construction period of construction from April 24, 2009 to August 22, 2009, for the maintenance and sports facilities around A and B’s ground C Park (hereinafter “instant construction”).

B. On September 2009, the Defendant submitted a report to the Plaintiff on the completion of the instant construction project to supplement the drainage facilities of the upper part of the reinforced soil retaining wall (hereinafter “instant retaining wall”) by means of a PE assembly-type construction project, and submitted it to the Plaintiff on October 19, 2009, and completed the instant construction project on October 19, 2009.

C. Meanwhile, during the period from August 2010 to September 2010, the retaining wall of this case was collapsed on September 23, 2010, and there was a dispute between the Plaintiff and the Defendant as to the responsibility to repair and reinforce the retaining wall of this case.

On December 24, 2010, in order to prevent and prevent accidents, such as the collapse of retaining walls of this case, the Plaintiff requested a precise safety diagnosis service on the retaining walls of this case at the Sungjin-jin Safety Technology Association office, and paid KRW 13,000,000 for the relevant services around February 24, 2011.

E. On May 11, 201, when the collapsed retaining wall of this case did not repair the defects, the occurrence of the second collapsed incident on May 11, 201, and accordingly, the Plaintiff paid KRW 22,450,000 to D, a damaged ginseng cultivator, as agricultural crops were covered by soil on the surrounding ginseng field.

F. On June 24, 201, the Plaintiff shall pay KRW 13,286,00 to the Construction Development Co., Ltd., and the collapse of the retaining wall of this case.

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