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(영문) 부산지방법원 동부지원 2018.02.14 2016가단18793
하자보수비
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 57,22,00 won and 5% per annum from February 19, 2016 to February 14, 2018.

Reasons

1. Basic facts

A. Defendant B is a building company’s business registrant of “D” and Defendant C is a person who operates Defendant B along with Defendant B.

B. On October 6, 2015, the Defendants concluded a new construction contract with respect to the building that the Plaintiff and the Plaintiff planned to construct on the land (hereinafter “instant building”) located in Busan-gun E, Busan-gun, for the construction cost of KRW 217,00,000, and the construction period of the building from October 8, 2015 to January 15, 2016.

C. The Defendants completed construction around February 18, 2016, and the Plaintiff paid the Defendants KRW 291,831,062 as construction cost, including the additional construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6, the purport of the whole pleadings

2. Determination

A. 1 Determination on the Claim for Repair of Defects 1) An appraiser F submitted the following appraisal results concerning the defects arising from the completed building and its repair costs.

(1) According to the design drawings and specifications for the cost of waterproof repair of rooftop layers, the construction shall be carried out as a protective slope after anti-shot waterproofing. However, the construction is investigated as a result of a field investigation and is deemed not a design defect, and the repair cost shall be calculated in 12,263,050 won.

(2) A wide range of cracks have occurred on the first floor, the second floor repair cost, and the second floor. This shall be considered as defects in construction rather than design defects and shall be calculated as 13,086,555 won.

(3) Among design documents and drawings for the cost of waterproof repair and construction of second-story toilets, indoor material mags are marked as two kinds of liquid waterproofing. The outside water leakage has not been found, but the water leakage was found to have occurred around the drainage pipe, and the repair cost shall be calculated as KRW 875,137.

(4) Other repair works costs and other non-construction parts or defects, such as low-heat costs lower than the lower part of the first floor on the ground, non-construction of blocks with water, poor installation of windows, etc.

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