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(영문) 수원지방법원 2020.01.16 2019가단524088
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On June 12, 2017, the Plaintiff entered into a contract with D Expansion Corporation (hereinafter “instant Corporation”) located in Gangwon-do (hereinafter “instant Corporation”) from the Incorporated Foundation C (hereinafter “Nonindicted Foundation”).

The construction period was set from June 12, 2017 to December 11, 2017 (after that, the date of completion to June 9, 2018).

[1] On March 6, 2018, the Plaintiff subcontracted the metal windows construction among the instant construction works to E Co., Ltd. (hereinafter “E”) by setting the construction period on June 9, 2018.

[A] 2] The Defendant is the F’s representative who delivered a window to E, as seen later.

[A] On March 7, 2018, E requested the approval of materials while issuing a test report on each part of the windows that the Defendant supplied to the Plaintiff.

Test results are marked respectively on the window frame of the windows, such as the right picture, steel and their fixings.

[A] around April 30, 2018, the Defendant supplied a window equivalent to KRW 15840,000 to E.

[2] On September 6, 2018, the Plaintiff discovered “meat phenomenon (including any defect caused by the opening or closing)” at the center of the window title of the 3th floor B-dong private hall of new building, and requested repair of defects on September 7, 2018, along with a photographic image.

After that, as a result of the discovery of the same defect, the Plaintiff urged the repair of the defect by attaching photographs to E again on October 19, 2018.

[A11] Nevertheless, there is no evidence that E notified the Defendant of the foregoing defect or requested the replacement of another product, such as the replacement of a window.

Meanwhile, the Plaintiff and E increased the construction cost as of October 4, 2018, while changing the scheduled completion date to October 4, 2018.

[A] As above, defects such as the cresh of the windows supplied by the Defendant, such as the cresh of the windows (definites) or the cresh of the windows and walls, continue to exist.

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