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(영문) 수원지방법원 2017.09.28 2017나58434

합의금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole with regard to Gap evidence 1, 2, and Eul evidence 1-1, 2-1, and 1-2, and witness C and D of the first instance trial.

Around October 201, the Plaintiff entered into a contract for construction work with the Department C on the construction work (hereinafter “instant construction work”) with respect to the building E and the construction work (hereinafter “instant construction work”) in Ansan-si, an Ansan-si, which was used as a private teaching institute. Around that time, C entered into a service contract for drawings and supervision necessary for performing the instant construction work with D, an architect belonging to the Defendant.

B. Afterwards, the Defendant issued design drawings in the name of the Defendant (hereinafter “instant design drawings”) to C via D, and the design drawings in the instant design drawings indicate that construction of the interior partitions of the instant part of the building was built with a light-scale partition made with a general stone table and a light-scale partition made with a base concrete block.

C. C, while carrying out the instant construction, performed the partition construction by using general bricks, not light-weight partitions, and filed a civil petition that the overall safety of the building is likely to be ensured due to an increase in load, and eventually, the partition installed with general brick (hereinafter “instant partition”) cannot be removed.

The Plaintiff prepared and delivered a written agreement (Evidence A) stating that “the instant partitions shall be removed by February 4, 2012,” from C and D on January 19, 2012, but did not remove the instant partitions until the end of February 2012.

E. On February 20, 2012, the Plaintiff did not comply with the agreement to remove the instant partitions by January 19, 2012 to the Defendant by February 4, 2012. Accordingly, the instant partitions are removed as soon as possible, and light walls are removed.