손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. In the first instance court, the Plaintiff filed a claim against the Defendant for damages against the non-closed defects in the open section of the utility tunnel concrete, ② a claim for damages due to non-treatment of waste, ③ a claim for restitution of unjust enrichment due to double calculation of the costs of materials of the yellow valves, ④ a claim for damages due to the defect of the rooftop waterproof protection material, ⑤ a claim for damages due to the non-defluence of the open section. The first instance court accepted the claim, ④ a claim, ② the remainder, ③ and ⑤ a claim.
Since only the plaintiff appealed against this, this Court's judgment is limited to the above (2), (3) and (5) claims.
2. The reasoning for this part of the judgment of the court is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure
3. Summary of the parties' arguments
A. During the instant construction project, the Plaintiff did not dispose of wastes generated at the time of removal of the facility and temporary installation; ② there is a ball-shaped valve at the opening or closing part of the yellow valves in the contract statement; and it is a valve similar to Cocks by blocking a hole or opening it by a resprinking and opening it.
The material cost was calculated twice, and ③ the removal of the entrance pipe was not carried out.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 512,453 for waste disposal costs, ② KRW 11,074,047, and ③ the sum of KRW 51,727,660 for the cost of removing the entrance pipe due to damages in lieu of the defect repair in a non-construction work, and delay damages therefrom.
B. Defendant 1’s waste is not generated in the process of the instant construction, and the Defendant is not obligated to dispose of it.
(2)