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(영문) 춘천지방법원 2020.11.19 2020나50

손해배상

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 the ground of Gangseo-gun C, the Plaintiff continued to construct a prefabricated panel building (hereinafter “instant building”), and the Defendant, around June 2019, was in charge of the construction of a pipe pole and attaching an external panel (hereinafter “instant construction”).

B. During the construction of the instant case, the Defendant suspended the construction due to disputes over the payment of the Plaintiff and the personnel expenses, and the Plaintiff concluded the instant construction by replacing the work workers.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiff's assertion that the construction of the building of this case was improperly performed and water was found to the roof panel of the building of this case, and even though water movement necessary for the construction of this case was prevented from cutting off construction materials, the construction of this case was interrupted at will without finishing the construction of this case.

Accordingly, the Plaintiff completed the instant construction by replacing the work executor, and during which process, spent a total of KRW 3.5 million, including material cost of KRW 2.3 million and labor cost of KRW 1.25 million.

Therefore, the defendant is obligated to pay 350,000 won and damages for delay due to nonperformance to the plaintiff.

3. The evidence presented by the Plaintiff alone caused defects to the roof panel of the instant building due to the Defendant’s fault.

It is insufficient to recognize the fact that the plaintiff paid additional personnel expenses for a considerable period exceeding the required period of time due to the defendant's voluntary suspension of the construction work of this case, or the fact that the water Dong could not use the materials of this case. The plaintiff's assertion is without merit without further review.

4. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is unfair in conclusion.