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Defendant C Co., Ltd. shall pay to the Plaintiffs KRW 9,513,500 each year from May 15, 2019 to December 8, 2020.
Reasons
On June 20, 2017, the Plaintiffs agreed to the Defendant C (hereinafter “Defendant C”) with the construction cost of KRW 150,700,000 (the construction cost of KRW 137,700,000 plus the construction cost of KRW 137,700,000 for the original construction cost) on June 20, 2017.
(Evidence A, Nos. 3 and 4). The Defendant Company completed the construction of a new building around November 2017.
(A) Construction No. 2 and hereinafter referred to as the “instant building”). However, there are defects such as the construction of heating pipes in the above building, and the cost of repairing such defects is KRW 19,027,00.
(5) The defendant company is obligated to pay damages for delay calculated by the rate of 12% per annum under the Civil Act from May 15, 2019 to December 8, 2020, which is the date of delivery of a copy of the complaint in this case, to the plaintiffs as damages in lieu of the defect repair. Therefore, the defendant company is obligated to pay damages for delay calculated by the rate of 9,513,500 per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
The plaintiffs of the plaintiffs are seeking damages based on the results of appraisal conducted at the request of the plaintiffs outside of the lawsuit.
However, in a case where the original method of evidence is to supplement the knowledge and experience of a judge and has a person with knowledge and experience designated as an appraiser to take an oath, and where it is ordered or deemed necessary, it is in principle entrusted to an authoritative institution, such as a public institution, school, other organization with considerable facilities, or foreign public institution. Thus, if the appraisal is conducted by a court as in this case, it is inappropriate to take the appraisal opinion submitted by the parties as evidence for fact-finding.
(See Supreme Court Decision 2010Da6222 Decided May 13, 2010). Defendant .