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(영문) 대구지방법원 2020.05.27 2019나310144

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

The plaintiff is a juristic person established for the purpose of civil engineering work, etc., and the defendant, from February 20, 2017 to February 20, 2017, performed duties, such as site management, etc. of the plaintiff

On February 27, 2017, the Defendant, from around February 27, 2017, was in charge of the duties of the field manager of the remodeling project for the extension of housing located C (hereinafter “port construction”).

In addition, on May 10, 2017, the Defendant had been in charge of the work of the field manager of the remodeling project for the extension of hanok located in Gyeong-gun, Seongbuk-gun, the Plaintiff contracted from around 10, 2017.

In the first instance trial of this court, the plaintiff filed a claim against the defendant for damages equivalent to KRW 16,703,421 due to false cost analysis report as to port works, ② a claim for damages equivalent to KRW 1,695,550 due to defective management of building materials related to construction materials, ③ additional personnel expenses of KRW 10,899,041 due to reconstruction due to defects in the foundation of construction works for state works, and damages equivalent to KRW 17,163,439, and KRW 439, respectively.

The first instance court accepted only part of the claim for damages due to defective management of construction materials related to Sungju Corporation against the defendant, and dismissed all of the remaining claims for damages.

In the first instance, only the Plaintiff appealed, and the Plaintiff appealed, and the scope of the claim for damages due to the false cost analysis report on the port works is 17,074,325 won, and 33,954,034 won, respectively. The scope of the judgment of this court is limited to the above ① and ③.

Plaintiff’s assertion

The defendant entered into an employment contract with the plaintiff on February 15, 2017, and thereafter, he/she shall manage the site of the construction that the plaintiff received from around that time.