(영문) 서울중앙지방법원 2016.09.22 2013가단5107204

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(영문) 서울중앙지방법원 2016.09.22 2013가단5107204

손해배상(기)

Text

1. The Defendant’s KRW 21,076,924 against the Plaintiffs and 5% per annum from October 1, 2013 to September 22, 2016.

Reasons

1. Facts of recognition;

A. On April 29, 2012, the Plaintiffs: (a) concluded a contract with the Defendant, who runs a construction business under the name of “F” (hereinafter referred to as “instant building”); (b) for the construction period from May 17, 2012 to November 30, 2012; (c) the construction price was KRW 419,650,000 (including value-added tax) for the construction work; and (d) the Defendant completed the instant construction work on November 30, 2012.

The details of the repair works for the defect type 3 floors in the stairs room, the total water leakage of the buildings due to the defect repair work for one rooftop waterproof, (the rooftop waterproof in the design drawing is constructed with "one T70-free concrete with liquid waterproof," but the Defendant, unlike the design drawing, failed to perform liquid waterproof construction work, and only failed to perform emulsion waterproof construction work) 1) the removal of the existing map waterproof removal of the rooftop floor, and then 3) the repair of dry-proof emuls between the rooftop railing, the repair of the railing emuls, the construction of the railing emuls and the after-sing emulsing 4), the 5th floor contamination of the first floor, the removal of asbestos without the surface of the 5th floor, the removal of asbestos without the surface of the 5th floor, the removal of the eth floor of the 5th floor, the removal of the sanitary water pipes of the 5th floor, the removal of the 5th floor of the 5th floor, the removal of the 297197th floor.

B. According to the appraiser H’s appraisal result, there are defects as indicated below in the instant building with respect to the instant construction project executed by the Defendant, and the construction cost for repairing the defects is KRW 21,076,924 as indicated below.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-1-7 evidence or images, appraiser H's defect appraisal result, the fact inquiry result of this court's fact inquiry about appraiser H, the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition as to the claim for damages in lieu of defect repair.

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