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(영문) 수원지방법원성남지원 2017.09.20 2017가단200879
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the occupants of the E- Apartment-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant apartment”).

B. On December 9, 2011, the Defendant entered into a contract for the roof renovation and repair works of the instant apartment (hereinafter “the instant first construction works”) with the friendly C&C Co., Ltd. (hereinafter “E&C”).

C. However, the defect was issued in the first part of the instant construction work executed by friendly C, and the Defendant, around June 1, 2015, concluded a new contract with the new construction company (hereinafter “new construction”) for the repair of the said defect with the rooftop Busan Busan Metropolitan City and the Tren waterproof Construction Co., Ltd. (hereinafter “the second construction”), and accordingly, the new construction carried out the second construction of this case.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Gap evidence 5 through 9, Gap evidence 17, Gap evidence 27, Gap evidence 28, Eul evidence 1 through 10, Eul evidence 12, the purport of whole pleadings and arguments

2. The assertion and judgment

A. In addition to the part of the first construction of this case asserted by the plaintiffs, the part of the second construction of this case in order to repair the defects of the part of the first construction of this case occurred again and losses corresponding to the amount stated in the claims against the plaintiffs were incurred.

Since the defects in the first and second parts of the construction in this case were due to the defendant'sless construction owner and the failure to supervise the defective construction works, etc., the defendant is obligated to compensate the plaintiffs for the damages suffered by the plaintiffs.

B. We examine the judgment, even if damage equivalent to the amount stated in the plaintiffs' claims was inflicted on the plaintiffs due to the defect in the part of the first and second construction of this case, as alleged by the plaintiffs, the evidence submitted by the plaintiffs alone is the responsibility of the defendant for the above defect and the occurrence of the plaintiffs' damages.

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