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(영문) 부산고등법원 2016.06.09 2014나8349

손해배상(기)

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1. The part of the judgment of the court of first instance, including the extension and reduction of the purport of the claim in the trial.

Reasons

1. Determination on the main claim

A. The Plaintiff’s assertion that the Plaintiff ordered the Defendant to install solar power plant structures (hereinafter “solars of this case”). Since the defective or non-construction part of the solar power plant installed by the Defendant, the Plaintiff is obligated to pay the Defendant damages in lieu of defect repair and the construction cost for non-construction, as well as damages for delay.

(b) Determination 1) Evidence Nos. 3 and 14 (including each number, if any, hereinafter the same shall apply) of the occurrence of liability A.

The following facts may be acknowledged in full view of each entry, Gap evidence Nos. 6, 7, 9, 12, 15, and 16’s images, the results of the appraisal conducted by the appraiser C of the first instance trial, the results of the on-site verification conducted by the court of the first instance, the results of the fact inquiry conducted by the court of the first instance on B, and the overall purport of the arguments. ① On February 22, 2012, the Plaintiff is deemed to have established the structures of the solar power plant at the Gocheon-si, 59-2 (hereinafter “the instant net construction”). < Amended by Presidential Decree No. 23605, Feb. 22, 2012>

(2) Of the solar cycles of this case produced and supplied by the Defendant, some defects, such as the lack of concrete basic thickness, the defect of the embling strings, the embling of the steel side of the embling ray, the embling of the embling light, the embling of the embling light, the embling of the embling light, etc., were installed at the time of the construction contract. Some solar layers were installed at the time of the construction contract. ③ The V caps, which were agreed to be installed at the time of the construction contract. ③ The 8,057,156 won for the defect repair cost for the lack of concrete basic thickness, 80,922 won for the defective repair cost for the embling of the embling concrete of the embling light, 80,922 won for the small transportation cost related thereto, 8,1526 won for the small transportation cost of the embling, 20136.6