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(영문) 울산지방법원 2015.01.15 2013가합8461
손해배상(기)
Text

1. The Defendant’s KRW 237,360,644 as well as 5% per annum from June 8, 2013 to January 15, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a general steel structure (refluence concrete) and smove roof 1, 245.52 square meters, 246.22 square meters, 254.02 square meters, 254.02 square meters, 254.02 square meters, 254.02 square meters, 254.02 square meters, 44.02 square meters, 254.02 square meters, 254.02 square meters, and 254.02 square meters, 5 stories (hereinafter “the instant building”).

B. The Defendant started the instant construction work, such as C.I.P. from the end of April 2013, when it was awarded a contract from the Ulsan Saemaeul Community Fund to construct underground floors, reinforced concrete structures, neighborhood living facilities, and business facilities on the ground of Ulsan-gu, Ulsan-gu (hereinafter “instant land”) adjacent to the instant land (hereinafter “instant construction”).

C. Since the construction of the instant building was implemented, there were defects, such as d.e., to be done towards the direction of the instant construction site (hereinafter “instant defects”).

As of June 25, 2014, the instant building was measured to have been 31m in the direction of stairs, and the change to the direction of the instant construction site of the instant building is 156m in the direction of the instant construction site. This constitutes Category D (the anticipated limit of structural damage to the structure) in the state-grade determined by the Korea Infrastructure Corporation.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 10 (including each number), Eul evidence Nos. 1 through 11, Eul evidence and images, the result of this court's commission of appraisal to the Seoul Building Environmental Engineer Office of this Court, the result of this court's verification, the result of this court's inquiry into the appraiser D, Ulsan Metropolitan City, Ulsan Metropolitan City, and CSS Comprehensive Building Engineer Office, the purport of the whole pleadings, as a whole.

2. Determination

A. Article 44(1) of the Framework Act on the Construction Industry (hereinafter “the Framework Act on the Construction Industry”) provides that a constructor shall be liable to compensate for damages where he/she causes damage to another person as a result of a defective construction work intentionally or negligently.

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