logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.03.21 2018나22251
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 30, 2015, the Plaintiff’s husband D concluded a contract agreement with the Defendant and the co-defendant C of the first instance trial, setting the construction cost of KRW 7,00,00 (including surtax) with respect to the civil engineering works, structure axis works, retaining wall works, access walls, packaging and drainage works, etc. of the E land in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant civil engineering works”).

B. On February 12, 2016, the Plaintiff concluded a contract for construction work with the Defendant and the Ulsan-gun E (hereinafter “instant building”) setting the construction cost of KRW 94,500,000 for the construction work (hereinafter “instant construction work”).

C. The Defendant did not receive any remainder of KRW 14.5 million from the construction price under the construction contract of this case from the Plaintiff until now.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's 1, 3, and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff entered into a contract for the civil works and construction works of this case with Defendant and Co-Defendant C of the first instance trial. However, with respect to the civil works of this case, the location of the retaining wall was erroneous construction and defective construction, and the retaining wall was issued, such as the construction and defective construction of the housing site, and the construction and defective construction of the housing site were issued. The repair cost is KRW 36,174,00.

3) In addition, with respect to the instant construction work, ① floor, inner wall garrising materials, stalke, attached stalke, and outdoor stalkeing and magle construction work (hereinafter “building inside and outside construction work”).

(2) The part of the coworking inside and outside of the building was not constructed, ③ the part of the water supply pipes and the part of the thermal temperature was not constructed, ④ the difference occurs in the inside and outside of the wall due to the lusent load of the floor.

arrow