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(영문) 창원지방법원 2016.09.01 2015가단13921
손해배상(기)
Text

1. The Defendant’s KRW 180,000,000 as well as 20% per annum from July 24, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. In around 2009, the Plaintiff purchased the land that was created on the top of the Maduk-ri and the Yari-riwon's Yari-ri, Kimhae-si, Kimhae-si, which was developed on the top of the Maduk-ri and the Yari-ri, and newly constructed a factory on the ground above the above land (hereinafter referred to as the "instant factory").

Upon the occurrence of the ground subsidence of the instant factory, the Plaintiff entered into a construction contract with the Defendant on August 13, 2013, setting the warranty period as two years from the date of completion, setting the construction period from August 13, 2013 to August 15, 2013, with the construction cost of KRW 150,000,000 for the reinforcement and restoration of the said ground, and the construction cost of the said construction work.

From August 12, 2013 to August 23, 2013, the Defendant constructed a construction work under the said construction contract.

B. On November 19, 2013, the Plaintiff entered into a construction contract (i.e., the instant construction contract, along with the construction contract under paragraph (1)) with the Defendant by setting the warranty period of two years from the date of completion, from November 29, 2013 to December 5, 2013.

From November 29, 2013 to December 5, 2013, the Defendant implemented the ground reinforcement construction before the entrance of the factory of this case.

C. The Defendant implemented the construction of the ground reinforcement of the factory of this case by means of container construction. The ground reinforced construction method is a construction method that reinforces the support power of the ground by inserting bricks into a certain area of underground space by inserting bricks and inserting them into a specific part of underground space, thereby strengthening the support power of the ground by stimulating the ground gap, and at the same time increases and restores the delivery power.

After the completion of the construction by the Defendant, the ground of the floor and the entrance of the factory is re-speaked, the Plaintiff demanded the Defendant to repair the defects.

Accordingly, the defendant is from November 18, 2013 to November 19, 2013; from February 4, 2014 to February 5, 2014; from April 16, 2014 to April 18, 2014; from May 27, 2014 to May 30, 2014; from July 10, 2014 to July 11, 2014; and from November 26, 2014 to November 26, 2014.

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