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(영문) 서울서부지방법원 2018.01.19 2016가단16569
공사비반환등
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 2014, the Plaintiff contracted Defendant B with a project for the gas boiler installation of a building located in Eunpyeong-gu Seoul Metropolitan Government D’s own building. Upon Defendant B’s request, the Plaintiff transferred the total construction cost of KRW 1.2 million to Defendant C’s account on September 14, 2014 and October 1 of the same year.

Defendant B completed the construction of the said gas boiler (hereinafter “instant construction”).

On February 15, 2016, the Plaintiff sent to the Defendants a certificate of content that “the Plaintiff would return KRW 700,000,000 out of the construction cost received as the defect occurred due to the instant construction work.”

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including paper numbers), the purport of the whole pleadings]

2. Determination as to the claim against the defendant B

A. The parties' assertion (1) argues that the plaintiff suffered losses, such as KRW 4 million, incurred in repairing the defects arising from the instant construction, and expected to incur more than KRW 10 million in the future. In addition, the plaintiff suffered losses, such as aviation expenses of KRW 10 million incurred in order to mislead the Switzerland, his/her residence, and damages of KRW 20 million incurred in the failure to lease real estate.

(2) As to this, Defendant B asserts that he did not have any obligation to respond to the Plaintiff’s defect repair or claim for damages since one year has elapsed since he completed the instant construction work as the contractor’s warranty liability.

(b) If there is a defect in the completed or completed part of the work, the contractor may claim compensation for the defect within a reasonable period fixed by the contractor, and the contractor may claim compensation in lieu of or together with the repair of the defect.

However, the above defect repair and the claim for damages must be made within one year from the date of delivery of the object.

(Article 67(1) and (2), and Article 670(1) of the Civil Act. As seen earlier, the Plaintiff on October 1, 2014.

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