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(영문) 의정부지방법원 2020.07.08 2019가합51253
하자보수금 등 청구의소
Text

1. As to KRW 1,028,958,339 and KRW 500,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 528,958,339 from March 15, 2019, and KRW 528,958,339.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the manufacture and sale business of softs and Rausings, and the Defendant is a company with the purpose of building work business, engineering work business, etc.

B. On August 4, 2017, the Plaintiff entered into a construction contract with the Defendant, setting the contract amount of KRW 2,453,00,000 (including value-added tax) for the construction of the Plaintiff’s factory (hereinafter “instant construction”) on the parcel of land, other than Seocheon-si and one (hereinafter “instant building”) as the contract amounting to KRW 2,453,00,000 (including value-added tax), August 5, 2017 on the commencement date; February 25, 2018; and one-one thousands of the contract amount per day for delay delay penalty for each Defendant.

(hereinafter “instant construction contract”). C.

After starting the instant construction, the Defendant obtained approval from the competent authority for the use of the instant building on August 9, 2018, and delivered the instant building to the Plaintiff around that time.

On September 10, 2018, the Plaintiff sent content-certified mail to the Defendant, stating that “The damage is growing due to the failure to operate a factory due to the construction that has not yet been completed, such as the closing of the board, etc. among the instant construction contracts.”

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3 and 9 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. As a result of the Defendant’s failure to perform construction, defective construction, etc., defects such as water leakage, floor slope failure, panel shortage, etc. were occurred in the instant building. According to the appraisal result finally submitted by appraiser D, the defect repair cost of the instant building is KRW 771,39,339.

Therefore, the defendant is obligated to pay to the plaintiff 71,393,339 won and damages for delay, which are equivalent to the above defect repair cost, due to the warranty liability under Article 28 of the Framework Act on the Construction Industry, Article 667 of the Civil Act, or damages for nonperformance liability under the instant construction contract

(b).

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