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(영문) 광주지방법원 2018.11.09 2015가단511380
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2005, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) under which the size of 6th floor E (hereinafter “instant building”) is to be newly built on the land outside Dacheon-si’s five parcels on December 31, 12, and the construction cost of KRW 1.463 million. On November 1, 2005, the Plaintiff entered into a contract with the Plaintiff to reduce the scope of construction work and the installation cost of the building (hereinafter “instant construction”) to KRW 1.1 billion, and to reduce the construction cost to KRW 1.1 billion.

On the other hand, Defendant C is a supervisor of the instant construction project.

B. The instant building was completed on April 2006 and completed registration of preservation of ownership in the name of the Plaintiff on June 7, 2006.

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The Plaintiff’s assertion 1) Defendant B violated the duty of care in performing the instant construction, or performed defective construction, thereby causing any defect in which sufficient details were not secured from the part on which the two and three floors of the instant building was installed and the part on which the two and the third floor antenna antenna was installed, and the basic part of the instant building. (2) Defendant C, as a supervisor of the instant construction project, was negligent in neglecting the duty to guide the construction contractor to comply with the relevant Acts and subordinate statutes as prescribed by Article 19-2(1) of the Enforcement Rule of the Building Act, to verify the appropriateness of the construction plan and the construction management, and to review and confirm the location and standard of the structure.

3) Therefore, the Defendants are obligated to pay KRW 100 million and damages for delay in lieu of each defect repair. (B) The Plaintiff and Defendant B agreed to settle the accounts, including the cost of defect repair, in relation to the instant construction project, and thus, there is no Plaintiff’s claim for defect repair against Defendant B.

In addition, Defendant B performed the instant construction work.

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