logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.14 2013가단38768
하자보수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On January 17, 2011, the Plaintiff concluded a contract with the Defendant for the construction of the public announcement source in Gwangju Northern-gu (hereinafter referred to as the “instant construction”) at the cost of KRW 946 million (including value-added tax), the period from January 20, 201 to July 31, 201, and the warranty period of the defect warranty period of two years.

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

The construction of this case was completed by the construction of this case, "the separation of external walls and structural parts, internal water leakage due to the defect of outer walls, window studs, the 8th floor studs, the 8th floor studs, the 8th floor studs, the 8th floor studs, the 8th floor studs' failure to repair each studs' failure to repair each studs' failure to construct each studs' failure to repair each studs' failure, each studs' failure to construct, the studs' failure to construct, the studs' failure to repair each studs' failure, the 8th floor studs' failure to install, the 5 to 7th floor studs' failure to install, the 8th floor studs' failure to shut down the 8th floor 5 to 7th floor studs' failure to repair the 300th studs' defect."

[Ground of recognition] without any dispute, entry of Gap's Nos. 1, 2, and 3, on-site verification result of this court, appraiser D's appraisal result, and the above fact of recognition as to the ground of claim as a whole, 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 above defect repair to the defendant, unless there are special circumstances.

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, regarding the defects after about three years from the date of completion of the construction of this case.

arrow