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1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) C Co., Ltd. with respect to KRW 34,864,00 and its amount from March 30, 2018.
Reasons
This paper examines the counterclaims together.
1. Basic facts
A. On January 18, 2016, the Plaintiff contracted Defendant B with the construction cost of KRW 5,782,147,500 for the construction work of the new building E-dong (hereinafter “instant building”).
(hereinafter “instant contract”). On September 22, 2016, the Plaintiff and Defendant B agreed to increase the construction cost of the instant contract in KRW 6,282,147,50.
B. On March 30, 2016, Defendant B subcontracted the installation work of machinery to Defendant C at KRW 276,864,000 among the said new construction work.
(hereinafter “instant subcontract”). Since then, the Plaintiff and the Defendants agreed to pay the construction cost under the instant subcontract directly to Defendant C.
C. The Defendants completed both the instant contract and the instant subcontract, and on February 3, 2017, approved the use of the instant building.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 3 and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion that Defendant C had not constructed a 48-generation of the instant building in the course of the construction of the machinery and equipment of the instant building, and damaged the 23-generation of the 23 generation, resulting from the destruction of boiler pipes.
Accordingly, the Plaintiff suffered damages equivalent to KRW 133,359,990, including the total of KRW 7,200,000 for the installation cost of a bathing tank, KRW 89,359,990 for the reconstruction of the reinforced floor, and KRW 36,80,00 for the installation cost of a kitchen.
Therefore, Defendant B is liable to compensate the Plaintiff for the damages arising from the act of Defendant C, who is the performance assistant, as the contractor of the instant contract, and Defendant C is jointly and severally liable with Defendant B, the contractor, pursuant to Article 32(1) of the Framework Act on the Construction Industry.
(b) Determination Domins, Gap evidence 7-1, 2, .