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(영문) 서울중앙지방법원 2014.09.18 2013가단5065751
손해배상(기)
Text

1. The Plaintiff (Consolidated Defendant) shall pay 34,980,000 won to the Defendant (Consolidated Plaintiff) and its payment from June 28, 2013.

Reasons

1. Basic facts

A. The Plaintiff was awarded a contract with Nonparty B, C, and D (hereinafter “owners”) for the construction of an urban-type residential house with the 112 generation of the 2nd underground and 16th underground floor on the land Gangdong-gu Seoul Metropolitan Government E.

B. On April 25, 2011, the Defendant was subcontracted to KRW 179,300,000 for the manufacture and installation of parking facilities at parking tracks (hereinafter “instant construction”) from the Plaintiff during the said new construction work, and completed the instant construction work around January 31, 2012.

C. However, when the Defendant’s parking facilities built (hereinafter “instant parking facilities”), the owner of the instant parking facilities could not park the RV/SUV vehicles, and filed a lawsuit against the Plaintiff seeking reimbursement of KRW 99,99,999, out of the total amount of KRW 160,000,000,000,000,000 from June 7, 2012 to the Defendant who constructed the instant parking facilities, for the alteration of parking facilities that can bring the vehicle into the Defendant into the instant parking facilities, and the Plaintiff filed a lawsuit seeking reimbursement of KRW 88,00,000,000,000,000,000,000,000,000,0000,000,000 won and KRW 888,000,000,000,000,000,000.

On April 30, 2013, the Plaintiff paid KRW 66 million to the owner of the building on April 30, 2013, which led to voluntary conciliation between the owner and the Plaintiff.

E. Meanwhile, the construction cost of this case, which the Plaintiff did not pay to the Defendant, is KRW 34,980,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, and 7, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Defendant, the cause of the claim, even though he had to install the main part of the parking facility installed at the highest part of the parking set, in accordance with the original drawing provided by the Plaintiff, installed at a lower 12 meters or less at the lower part, and the height between individual strikes ought to be constructed at a height that can put into the RV/SUV model, but it was impossible to put into the RV/SUV model by constructing it lowerly.

In addition, the defendant has RV/SUV. On the parking facility of this case.

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