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(영문) 부산지방법원 2018.02.22 2016가단21908
손해배상(기)
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around October 2015, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) to newly construct three-story housing units on the ground of Busan Seo-gu, Busan (hereinafter referred to as “instant construction”) with the construction cost of KRW 250,91 million and the construction period from October 13, 2015 to January 13, 2016 (hereinafter referred to as “instant construction contract”).

B. Defendant C and D guaranteed the obligation owed by Defendant B to the Plaintiff under the instant construction contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. In relation to the instant construction project, Defendant B, without executing the contract, estimates, and design drawings, performed defective construction works with the intention of changing the low-quality materials into the mind. The completion of the instant construction was delayed. The Plaintiff’s assertion did not proceed with the reconstruction and defect repair of the inappropriate construction up to now.

Damage suffered by the Plaintiff is KRW 145,746,300,00 for the repair of the building, KRW 24,096,30 for the delay [=250,090,000 x 0.3% x (36 days from January 14, 2016 to February 18, 2016 - 5 days)], 145,746,300,00 won for the repair of the building due to the non-repair of the defect (i.e., 160,000 won for the consolation money, KRW 1.6 million for the repair of the defect (i.e., KRW 24,096,300,000 for 1.6 million).

The Plaintiff paid KRW 184.1 million to Defendant B as the down payment and the construction cost. As such, the unpaid construction cost is KRW 75 million (=25.9.1 million - KRW 1884.1 million).

The Defendants are jointly and severally liable to pay to the Plaintiff KRW 70,746,300 (=145,746,300 - KRW 75 million) and delay damages.

3. The Plaintiff’s above assertion is difficult to accept, and the reasons are as follows.

In relation to the cost of repair of defects and the cost of repair of defects, only the descriptions or images of Gap Nos. 5, 6, 7, and 8 shall be the cost of repairing the defect of the building due to the defective construction of the defendant B and the cost of repairing the defect.

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