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(영문) 서울중앙지방법원 2019.04.05 2018나50019

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 19, 2017, the Plaintiff was awarded a contract for the extension of D Building in the petition-gu, Cheongju-si.

B. On April 20, 2017, the Plaintiff entered into a contract with the Defendant on the part of the manufacture and installation of elevators among the construction works for the extension of the said building, which sets the payment period of KRW 37,950,00, and the contract on June 30, 2017 (hereinafter “instant contract”).

C. The Defendant completed the manufacture and installation of elevators, received an elevator inspection certificate from the Korea Elevator Safety Corporation on July 11, 2017, and received the elevator acquisition certificate from the Plaintiff’s employee E on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 3 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion occurrence of a big impact on the wind of manufacturing by measuring the elevator passage by the defendant's error, and the passage between the elevator and the passage of each floor occurred, and the plaintiff re-constructions this part by bringing the total construction cost of KRW 3,500,000. Thus, the defendant is obligated to pay the plaintiff the amount equivalent to the above construction cost and the damages for delay.

B. The part of the manufacture and installation of the above elevator constructed by the defendant alleged by the defendant did not constitute a breach of contract, defect, or negligence in the course of construction, and the part that the plaintiff re-constructions is obligated to perform construction work at the beginning according to the contract of this case and the construction cost of the elevator attached thereto. Thus, there is no causation between the amount of damages claimed by the plaintiff and

3. According to each description of judgment knife, Gap evidence Nos. 4 and 9 (including paper numbers), each part of the elevator and the passage of each floor immediately after the elevator is installed is the fact of separation from the part in which the elevator and the passage of each floor are linked. Accordingly, the amount of KRW 3,500,000 is required for reconstruction costs such as film work, floor fall under the top-down, and top-down work.