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(영문) 광주지방법원순천지원 2020.02.19 2018가단74829
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2016, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) between D and D with respect to the construction work of interior interior buildings of the E, F, and F ground fourth floor building owned by the Plaintiff with respect to the construction work cost of KRW 29,928,00,000 and the construction period from September 29, 2016 to February 29, 2017 (hereinafter “instant construction contract”).

B. D completed the instant construction, and the Plaintiff paid KRW 35.66 million in total, from September 8, 2016 to January 18, 2017, to the Defendant’s account, the wife of D.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The defendant introduced D, his husband, to the plaintiff, participated in the conclusion and progress of the construction contract of this case while operating C with D, and was responsible under the construction contract of this case when receiving the entire construction cost of this case from the defendant's account. As the joint contractor of the construction of this case, the defendant is liable to the plaintiff for damages incurred due to non-construction and defective construction, and damages for delay.

B. It is acknowledged that the Defendant, as the wife of D, was in the position of the office of C in full view of the written evidence Nos. 5, 15, 1, 4, 5, 5, and 7, and witness G’s testimony, and that part of the testimony was involved in the conclusion and progress of the instant construction contract. However, this circumstance alone is insufficient to acknowledge the fact that the Defendant guaranteed liability for defect repair, etc. to the Plaintiff by the joint contractor of the instant construction contract or by D, the contractor, pursuant to the instant construction contract, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit without need to further examine.

3. The plaintiff's claim is justified.

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