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(영문) 창원지방법원 2015.08.11 2014나4341
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff)’s counterclaim filed in the first instance and appeal as to the principal lawsuit by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Defendant is a company that runs interior decoration business, construction business, etc.

B. On May 29, 2012, the Plaintiff concluded a construction contract with a construction period of KRW 29,000,000 with respect to D Apartment 401 Dong 106 (hereinafter “instant construction”) from June 1, 2012 to June 30, 2012, and with respect to the interior storage work during the construction period of KRW 29,00,000 of the construction period. As to the interior storage work during the construction period, the Plaintiff drafted a contract with the Defendant for KRW 20,000,000 of the construction amount in the name of the Defendant, and for Washington, furniture, furniture, and Changho Construction, a contract for KRW 9,00,000 of the construction amount in the name of E.

C. However, due to the delay in the instant construction, the Plaintiff moved into the said apartment on July 24, 2012, and thereafter many defects have occurred in the heading, singinging, etc., and the Plaintiff demanded the Defendant to repair the defects.

On February 13, 2013, the Plaintiff and F, the site director of the instant construction, were present with G, the representative director of the Defendant, prepared a written agreement on the repair of the defects of the instant construction, as follows, and G’s representative director G affixed his official seal on this document.

The following consultations have been held due to the additional construction work (ju) of the o system, C and one person, other than the president, for 21 days.

After consultation with the President of the Washington-Post-Sing Congress, location adjustment and repair creative - face replacement date - floor replacement/grade revision - bathing rooms seems to be written in writing.

The schedule for the subsequent revision of the floor/live day shall be determined after 21 days in the absence of dispute (based on recognition), each of the statements and images of Gap's Evidence Nos. 1, 2, 5, 6, 9, 11 through 15 (including the branch numbers), and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. The plaintiff asserts that the defendant is obligated to pay 15,010,000 won to the plaintiff as damages in lieu of defect repair since the defects occurred in the construction of this case conducted by the defendant.

In this regard, the defendant shall be E and the Corporation for the plaintiff's Washington, furniture, and Changho Corporation.

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