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1. The defendant shall pay 64,402,195 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Basic facts
A. On November 14, 2016, the Plaintiff entered into a construction contract with the Defendant and C Rotterdam Corporation (hereinafter “instant construction”) on the construction cost of KRW 799,000,000, which the Defendant had the Defendant execute.
B. The Defendant completed the instant construction work around January 2017.
C. A defect in the instant construction work executed by the Defendant occurred and around April 2017, water pipes were installed, and the first floor and underground floors were flooded, causing damage, such as pollution of floor agency stones.
The repair and construction costs of the defective or unconstruction parts arising in relation to the instant construction are determined as follows: ① 58,430,543 won for restoration to the original state of the first floor and the underground floor damaged by flooding; ② 3,226,30 won for heating and cooling equipment repair costs of the third floor, ② 3,226,30 won for injecting air conditioners and air conditioners; ③ 2,530,559 won for the first floor of the third floor; ④ 2,402,195 won for the installation of a oxygen gas supply board, including 214,792 won for the installation of a oxygen gas supply board; however, it was determined as follows.
[Reasons for Recognition: Facts without dispute, Gap evidence 1, 2, 5, 6, Eul evidence 3, appraiser D's appraisal result (including response to appraisal), the purport of the whole pleadings]
2. Determination
A. As to the defects or non-construction parts of the instant construction works executed by the Defendant, the Defendant deemed that the expenses necessary for the repair or non-construction were determined to be a total of KRW 64,402,195 as a result of appraisal, and thus, the Defendant shall pay the said money to the Plaintiff, except in extenuating circumstances.
(The plaintiff does not seek any additional payment of damages for delay). (b)
All of the defendant's arguments are rejected. The defendant's main arguments are as follows.
Pinland in the order below.
(1) As to the restoration cost of the first floor and the first underground floor suffering from flood damage, the Defendant shall have existing KRW 58,430,543 for the restoration cost to the original state of the first floor and the second underground floor resulting from the drain water installed by the Defendant.