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(영문) 부산지방법원 2016.12.29 2016나45219

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the dismissal of a part of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts 2, 19 to 3, 5, 2, 2, 2, 2, 3, 3, 4, 2, 3, 4, 2, 2, 2, 3, 3

“A. The Defendant’s assertion was destroyed by the Defendant’s 201 and 205, and one string house owned by the Defendant, which was installed in the Defendant’s building Nos. 201 and 304, and delayed the Defendant’s household construction. Therefore, the Plaintiff is obliged to pay KRW 10,164,000, the amount equivalent to the Defendant’s compensation for delay, which is part of the amount equivalent to the Defendant’s compensation for delay (one day from August 2, 2014, the day following the date the instant damage occurred, to August 12, 2014, the construction work was completed), KRW 10,00,000, the amount equivalent to the market price of the destroyed goods, and KRW 1,240,000,000, the amount equivalent to the damages claim of the Defendant’s above, and KRW 21,404,000,000, the amount equivalent to the damages claim of the Plaintiff, to which the construction work payment would be extinguished as follows.”

“C) Comprehensively taking account of the purport of the entire pleadings in the statement No. 14 of the evidence No. 1,240,000 won as a result of the instant damage, the Plaintiff may recognize the fact that the Plaintiff, on August 1, 2014, removed 201 and 305 of the instant building, 1: (a) the Plaintiff removed 1,240,000 goods owned by the Defendant and damaged the market value by removing 1,240,00 won in total.

According to the above facts of recognition, the Plaintiff is obligated to compensate the Defendant for damages equivalent to KRW 1,240,000 due to the damage of this case. The construction of this case is intended for offset and offset.