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(영문) 서울고등법원 2016.05.18 2015나2071922
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The pertinent Plaintiff Company is the owner of the building that has undertaken a new construction of waste disposal plant (hereinafter “instant building”) on the ground of Pyeongtaek-si, and Plaintiff B is the representative director of the Plaintiff Company, and the Defendant is the company that supplied ready-mixed concrete, Ready-mixed (Rete) used for the new construction of the instant building.

B. From July 26, 2013 to November 19, 2013, the Plaintiff Company, including the Defendant’s supply of ready-mixed, entered into a ready-mixed supply contract with the Defendant, and from the Defendant’s terms written from around July 26, 2013 to around November 19, 2013, used to distinguish the design standard strength stipulated in the standard specifications, used to indicate the degree of intensity as products of ready-mixed, and used to manufacture mar concrete-formed concrete from the standard solar conditions (water 23 ± 23 ° 24 mC), and then destroyed and measured the concrete produced after they were born for 28 days from the standard solar conditions (water : 18,21,24Ma hereinafter “the instant ready-mixed”). The Plaintiff Company, including the Defendant’s supply of ready-mixed, had the contractor (on-site construction) construct the instant ready-mixed with the floor of the instant building and install the retaining wall in the instant case.

C. 1) However, following the completion of the construction of the instant building, there were defects, such as the occurrence of defects and the measurement of concrete compression strength (hereinafter “instant defect”). However, following the completion of the construction of the instant building, the floor and retaining wall of the instant building and the occurrence of fine dust (hereinafter “instant defect”).

(2) Accordingly, on January 14, 2014 and March 7, 2014, the Plaintiff Company collected samples from 9th floor of the instant building, and applied to the Korea Construction Materials Testing and Research Institute for the measurement of concrete compression strength on the test report of a concrete compressor in the concrete co-public notice form, using cocopier for the structure already removed, means that the Plaintiff Company collects samples from 150m x 300m or 100m x 200m m x x 200m m x request a specialized institution for the measurement of concrete compression strength.

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