(영문) 광주지방법원 2017.01.13 2015나4562 | 리걸엔진

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(영문) 광주지방법원 2017.01.13 2015나4562

하자보수금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 17, 2011, the Plaintiff contracted to the Defendant for the new construction of the public announcement center located in Gwangju North Korea (hereinafter “instant construction”) with the price of KRW 946,00,000 (including value-added tax), the period from January 20, 201 to July 31, 201, and the warranty period of two years.

B. Around August 2011, the Defendant completed the instant construction, and obtained approval for use on August 25, 2011.

C. As to the building completed by the instant construction, the construction of the instant construction: “the interior leakage due to the defect of external walls and structure, the window string, the window string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 8th floor string, the 305th floor 50, the 196050 string, the 5060 string, the 5060 string, the 5060 string of the parking lot, the 1960 string of the 8th floor string, the 5th floor string of the 8th floor string.”

(c) [Grounds for recognition] unsatisfy, entry of Gap evidence 1, 2, and 3, the result of on-site inspection by the court of the first instance, the result of appraisal by appraiser D of the first instance court, the purport of the whole pleadings;

2. According to the above facts of recognition as the cause of the plaintiff's claim, the defendant's contracted construction of this case 1.C.

Since there exists the same defect as the statement in the port, the plaintiff may claim damages in lieu of the defect repair to the defendant.

As to the amount of damages, the fact that 56,931,00 won is required for the repair of defects in the instant construction works is as seen above. Thus, barring any special circumstance, the amount of damages is KRW 56,931,000, barring any special circumstance.

However, the appraisal of the defects has been made after about three years from the completion date of the instant construction, and the contents of the defects are as follows.

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