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1. The Defendant (Counterclaim Plaintiff) paid KRW 9,780,560 to the Plaintiff (Counterclaim Defendant) and the amount from May 30, 2015 to February 2, 2016.
Reasons
1. Basic facts
A. On June 2014, the Defendant received from the Plaintiff the construction cost of KRW 700,000 from the Plaintiff to the building located in Daegu Northern-gu (hereinafter “instant building”) located in the Plaintiff, Daegu-gu (hereinafter “instant building”) and completed the said construction work on July 2014, by supply of KRW 700,000 for the construction cost.
(hereinafter “instant construction project”). (b)
The banner installed in the construction of this case is 16m wide in width and 5m long. The defendant fixed the above banner by cutting 80 holes at the outer wall board of the building of this case.
C. Among the instant construction works, the instant construction works were carried out D with the Defendant’s request for work by drilling a hole on the outer wall of the instant building.
However, as water leakage occurs in the building of this case immediately after the construction of this case, the plaintiff made an objection to the defendant about drilling the outer wall board of the building of this case during the construction of this case.
On July 29, 2014, the defendant collected the above banner, and repaired the outer wall board of the building of this case on the hole of the outer wall board of this case.
E. As to the building of this case, water leakages continue through the hole of the porous outer wall board board during the construction of this case.
Among outer walls of the building of this case, 29 boxes are located on the upper part of the outer wall board of the building of this case; 9 on the left part; 14 on the right side; and 29 on the lower part. The defendant's injecting containers in order to repair the pond is heated or dismantled, and leakage is still occurring through the hole.
In order to repair such a phenomenon of water leakages, it is necessary to replace the outer wall board and protruding off, and 9,780,560 won is needed as construction cost.
【Ground of recognition】 The fact that there is no dispute, each entry and video of Gap 2, 3, 4, and 6 (including virtual numbers), the result of appraiser E’s appraisal, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
(a) liability for damages;