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(영문) 부산지방법원 2017.07.13 2016가단345987
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 27,204,00 and the interest rate of KRW 15% per annum from May 24, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract for the construction of remodeling with the Defendant for the kitchen-gu Busandong-gu C and the second floor (hereinafter referred to as the “instant building”) on the kitchen and indoor interior interior interior interior decoration, etc. (hereinafter referred to as the “instant construction contract”), and the Defendant began construction from November 2015.

B. Since then, the Defendant had been suspended from finishing construction, and the Plaintiff started the restaurant business in the instant building from December 13, 2015 after completing the finishing construction.

C. From March 2016 to March 2016, water leakage occurred in the main room of the instant building. Since then, water leakage has been damaged not only by the main room but also by the entire floor string, tamping, tamping, tamping, tamping, and exhausting, but also by the first floor electric panel.

The reason for water leakage is that the main floor, which is the part constructed by the Defendant under the instant construction contract, and the main wall and the main wall were not built due to poor waterproof construction, and due to this, secondary water leakage occurred in and out of the Republic of Korea. The cost of the main waterproof construction and the repair of water leakage damage is KRW 32,859,000.

E. Meanwhile, the remainder of the construction cost unpaid by the Plaintiff is KRW 5,655,00.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-6, each film, appraiser D's appraisal result, the purport of the whole pleadings

2. According to the above facts of determination, since the Defendant incurred damages to the Plaintiff due to the defect in the part constructed under the instant construction contract, the Defendant, as sought by the Plaintiff, pertaining to the promotion of litigation, etc. from May 24, 2017 to the date following the delivery of a written application for change in the purport of the claim and the cause of the claim, as well as KRW 27,204,00 (=32,859,000 necessary for the main waterproof construction and the defect repair work for water leakage damage repair - the unpaid construction cost plus KRW 5,65,00), as the Plaintiff seeks.

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