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(영문) 서울중앙지방법원 2019.01.24 2017가단5128780

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

. The construction works (B) and C (on-site agent) will accept and take into account the circumstances in which it is difficult for the contractor to waive the construction in order to avoid leakage any more smoothly due to the reason of the closure of the construction works, and the closed construction will present the site delivery (including all sub-processing parts) as of March 15, 2017 - as of March 15, 201, and the defective performance guarantee certificate (including all sub-processing parts) for the defective construction works, without any demand for additional payment due to the second construction works, and the subcontractor will be liable for all sub-contractors, and shall not be held liable for any civil or criminal liability, if any.

* All remaining construction works, gas, electricity, etc. and external construction works of entry exit shall be dealt with by the owner.

* By the above day of equipment, electricity, metal, or mast, C promises the outstanding amount to be paid by the said day, in turn, to all responsibility in the course.

(i) On April 5, 2017, the Plaintiff sent a content-certified mail to the Defendant Company via the Plaintiff’s legal representative to the effect that the instant contract was terminated pursuant to Article 26 of the instant contract, and that the Defendant Company would claim compensation for delay and defect repair expenses. On April 11, 2017, the Defendant Company sent a content-certified mail to the Plaintiff that the Defendant Company did not have entered into the instant contract with the Plaintiff.

(j) On June 26, 2017, the Plaintiff was approved for the use of the instant housing after the completion of the construction after the completion of the construction after the completion of the written waiver of the instant housing.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5 through 7, Gap evidence 9, Gap evidence 10, and plaintiff evidence 10.