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(영문) 인천지방법원 부천지원 2018.05.15 2017가단12211

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 25, 2016, the Plaintiff’s assertion and judgment: (a) ordered remodeling construction to the Defendant for the Monobel located in Bupyeong-gu, Seocheon-gu; (b) completed the construction of the remodeling construction to the Defendant; (c) and (d) incurred any defect in the bathing room and the damage of the hot water tank; and (c) the Defendant’s repair was completed through another business operator who inevitably brought about KRW 40 million to the Plaintiff’s non-performance of the remuneration; and (d) accordingly, the Defendant is obliged to pay the Plaintiff the amount stated in the claim

However, the evidence presented by the Plaintiff alone is insufficient to recognize the occurrence of defects and the repair cost accordingly, as alleged by the Plaintiff (the Plaintiff stated that no separate appraisal application plan exists on the date of pleading twice). Therefore, the Plaintiff’s assertion is without merit.

2. In conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.