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(영문) 창원지방법원 2016.01.20 2015나6405
하자보수금
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff awarded a contract to the Defendant for remodeling construction work under the Yongsan-si, Changwon-si, Changwon-si, 101 Dong 607, 102 Dong 203, and D apartment 310 of Changwon-si, Changwon-si, and Changwon-si, Changwon-si, which caused a large number of defects, and thus, the Plaintiff claims KRW 31,650,000 as compensation in lieu of defect repairs.

"Defects of a building" means any structural and functional defect different from the contents of the construction contract under the construction contract, or any defect that has not been properly equipped with the quality that must have been ordinarily prepared in light of the transactional concept. The determination of a defect shall be made by comprehensively taking into account various circumstances, such as the content of the contract between the parties concerned, whether the relevant building was constructed as designed, and whether it conforms

(see, e.g., Supreme Court Decision 2008Da6851, Dec. 9, 2010). In light of the aforementioned legal doctrine, it is insufficient to recognize that the respective descriptions and images of the Health Team, A, No. 4, 5, and 6 are either structural and functional defects different from the contents of the construction contract, or lack of normal quality, under each building, and there is no other evidence to acknowledge such defects.

Therefore, the plaintiff's above assertion is without merit.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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