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(영문) 서울북부지방법원 2018.10.11 2016나6260
공사대금
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On May 13, 2015, the Defendant received a contract from the Plaintiff for the construction of a septic tank in the front end of the building located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant septic tank”) with the construction cost of 4 million won, and completed the instant septic tank construction. The head of Dongdaemun-gu notified the Plaintiff of the completion of the instant septic tank on May 26, 2015.

B. However, around September 20, 2015, the instant septic tank caused a phenomenon where sewage was discharged by blocking due to the ewradane pumps. Accordingly, the Plaintiff spent KRW 800,000 on September 23, 2015 at its expense while carrying out drilling work for drilling the ewradic septic tank, such as removing the ewradane pumps.

C. On November 30, 2015, the Plaintiff filed the instant lawsuit by asserting that “the instant septic tank construction has a defect in the pipe installed and installed the pipe installed,” and the Defendant, while continuing the first instance trial, reconstructed the pipe installed part of the instant septic tank.

【Ground of recognition】 The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 5, and 8, and the purport of whole pleadings

2. The Plaintiff incurred a total of KRW 10,306,00 (=250,000 KRW 800,256,000) due to the defect in the instant septic tank construction executed by the Defendant, and thus, the Defendant is liable to pay the Plaintiff KRW 10,306,000 and damages for delay.

The Defendant did not properly dispose of the wastes generated from the instant septic tank works.

As a result, the Plaintiff suffered damages of KRW 250,000.

B. While performing the instant septic tank construction, the Defendant did not remove the ewal pumps used to attach pipes to the septic tank, and the sewage was discharged by the septic tank due to the above ewal pumps.

As a result, the Plaintiff suffered damages of KRW 800,000 for the construction cost for drilling an scarsh septic tank.

C. The defendant's sewage is caused by a wrong construction of pipes installed connected to a changeer and a septic tank.

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