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(영문) 창원지방법원 2015.09.10 2014가합31868
손해배상(기)
Text

1. The Plaintiff, Defendant Daep General Construction Co., Ltd., 56,373,801 won, Defendant B, 37,531,468 won, and each of them.

Reasons

1. Basic facts

A. On May 6, 2010, the Plaintiff entered into a design contract with Defendant B, with the service payment of KRW 15,40,000 (including value-added tax) in relation to the design of the extension work of the building for the factory of the Sungwon-si C and D ground 2 (hereinafter “instant building”) (it refers to the construction work of the building of the three floors adjacent to the existing second floor building; the construction of the building of the existing second floor; the extension of one floor on the existing second floor building; and the installation of a parking lot that can accommodate 23 automobiles on the third floor).

(hereinafter “instant design contract”). (b)

On June 7, 2010, the Plaintiff concluded a construction contract with respect to the extension construction of the building of this case between Defendant Myeong General Construction Co., Ltd. (hereinafter “Defendant Mung General Construction”), as follows:

hereinafter referred to as 'I'

1. Construction name: Construction work to extend and remodel the main office A and the remodeling bank;

2. The construction site: Changwon-si C

3. Date of commencement: June 7, 2010.

4. Date scheduled for completion: September 13, 2010.

5. Contract amount: 1340 million won (including value-added tax); 10. Warranty liability: 13,420,000 won for warranty against defects, and 1 year warranty period for warranty against defects;

(C) Defendant B completed the design under the instant design contract, and Defendant B completed the instant construction on or around September 13, 2010 based on the said design. [The fact that there is no dispute over the grounds for recognition, entry of Party A’s evidence No. 1, and the purport of the entire pleadings.]

2. The plaintiff's assertion

A. From November 21, 201 to November 15, 2012, the Plaintiff spent KRW 82,236,000 as the defect repair cost, due to a defect in the construction of Defendant Daepyeong General Construction.

Nevertheless, the building of this case has a defect stated in the list of defects as follows, and the cost of repairing the said defect is KRW 56,373,801.

Therefore, the Defendant Grand General Construction costs of KRW 138,609,801 as damages to the Plaintiff (= KRW 56,373,801) and this is related thereto.

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