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(영문) 서울중앙지방법원 2020.02.14 2019나30838
손해배상(기)
Text

1. All of the plaintiffs' claims changed in the trial are dismissed.

2. The total costs of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On July 27, 2016, the Plaintiffs concluded a contract with the Defendant engaging in the construction business by setting the construction cost of KRW 66,00,00 (including value-added tax) and the construction period from July 27, 2016 to August 15, 2016 with respect to the outdoor parking lot repair works in Gangnam-gu Seoul Metropolitan Building (hereinafter “instant building”) owned by the Plaintiffs (hereinafter “instant building”).

B. Around August 2016, the Defendant completed the instant construction work, and the Plaintiffs paid KRW 26,000,000 to the Defendant of the instant construction cost.

[Ground of Recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1 and 7 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion was that there was a defect in the construction of the building parking lot in the construction of the building of this case, such as erosion of the collapse, coloring, height caused by water supply due to the power failure, and water leakage due to water leakage due to water leakage due to water supply due to water supply during the construction of the building of this case. As such, the defendant shall pay to the plaintiffs the remainder of 21,181,918 won calculated by deducting the construction cost of this case, which was paid from the total of 61,181,918 won, after deducting the construction cost of this case under the premise of reconstruction from the total of 61,181,918 won from the compensation for defect repair in lieu of the defect repair.

B. Determination 1) According to the appraiser H’s appraisal result and the witness H’s testimony in the first instance trial, due to the Defendant’s error in construction, the fact that: (a) the Defendant’s error in the tamping of tamping (influoring of tamping stone packings and water height, snow damage in the tamping of tamping stone packings, rainwater infiltration, and sand infiltration therefrom; (b) the wall stone color; and (c) the wall stone color; and (d) the repair cost of the parts where the above error occurred (=3,308,589 won in total) the repair cost of the wall’s 143,803,803 won in remuneration of the stone of tamping stone (i.e., 1,019,533 won in total).

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