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(영문) 울산지방법원 2018.04.24 2017가단65663
손해배상(기)
Text

1. Defendant B’s KRW 8,985,00 for the Plaintiff and 5% per annum from September 30, 2017 to April 24, 2018.

Reasons

1. Facts of recognition;

A. On November 30, 2015, the Plaintiff’s husband D entered into a contract with the Defendants by setting the construction cost of KRW 77 million (including additional taxes) with respect to the public works of land E, structure axis, retaining wall construction, retaining wall construction, access road packing, drainage construction, etc. (hereinafter “instant civil works”).

(hereinafter referred to as the “contract for the instant civil works”). B.

On February 12, 2016, the Plaintiff entered into a contract with Defendant B by setting the construction cost of KRW 94.5 million for the construction of detached houses (hereinafter “instant building”) on the land of Ulsan-gun E (hereinafter “instant building”).

(hereinafter referred to as “instant construction contract”). (c)

The Plaintiff has not paid the remainder of KRW 14.5 million to Defendant B, out of the construction costs under the instant construction contract.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-4, 3, and 4-1, 2-2, and the purport of oral argument

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion (1) concluded a contract for the civil works and construction works of this case with the Defendants respectively, and there was a defect equivalent to KRW 36,174,00 for defect repair costs in the civil works of this case.

The location of the retaining wall was damaged, the embankment was constructed and defective, and there are defects such as the creation of the housing site and the dives construction.

(2) There was a defect equivalent to KRW 23,485,00 of the cost of defect repair in the instant construction work performed by the Defendants.

The defect details include ① non-construction in and out of the building, ② non-construction in and out of the building, ③ water supply pipes in and out of the building, ③ installation of hot water pipes in and out of the building, ④ occurrence of walls due to the volume of snow-free snow in the floor, and gaps in outside the building.

(3) The Plaintiff’s defect repair costs against the Defendants and the remainder of the construction costs arising from the instant construction contract that the Plaintiff failed to pay.

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