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(영문) 부산지방법원 2021.01.20 2019나40031
손해배상(기)
Text

Of the judgment of the court of first instance, the Defendants’ failure in excess of the amount ordered to be paid under the following subparagraphs shall be revoked.

Reasons

Basic Facts

A. On March 18, 2014, the Plaintiff awarded a contract to F Co., Ltd. (hereinafter referred to as “F”) for the new construction of the instant building D (hereinafter referred to as “instant building”), and F, on March 18, 2014, awarded a subcontract for the supply and construction work of 24,200,000 won (including value added tax; hereinafter the same shall apply) to Defendant B for the construction of the instant building by setting the period of 16 vertical parking facilities (hereinafter referred to as “the instant one parking facilities”); and collectively, “the instant two parking facilities” for the construction work of the instant building as the construction cost of 24,20,000 won (hereinafter referred to as “the instant parking facilities”).

B. Defendant B awarded a subcontract to Defendant C for the supply and installation of the instant parking facilities, and Defendant C supplied and installed the instant parking facilities on May 30, 2014.

(c)

In that sense, around October 4, 2015, there was a parking lot in the first parking facility of this case.

G The instant parking facility and the vehicles parked there was an accident that caused damage to the instant parking facility and the vehicles parked there (hereinafter “instant accident”). D.

After the instant accident, the Plaintiff closed the instant one parking facility and used only the instant two parking facilities. However, the instant two parking facilities need to be repaired, and on April 18, 2016, the Plaintiff ordered the instant two parking facilities construction contract to Defendant C for repair work by setting the repair cost of KRW 40,700,00 (including value added tax; hereinafter the same shall apply), the repair cost of the instant two parking facilities, KRW 3,300,000, and the construction period from April 18, 2016 to April 27, 2016.

E. Defendant C completed all of the above repair work on April 27, 2016, but the Plaintiff paid only KRW 30,000,000 to Defendant C, and did not pay the remainder of the repair work cost of KRW 14,00,000.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, and Eul Nos. 3 and 4 (which has a number).

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