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(영문) 수원지방법원 2021.01.13 2019나96690

공사대금

Text

All appeals filed by the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are dismissed.

Expenses for appeal shall be borne individually by each person.

Reasons

1. The grounds for appeal by the Plaintiff and the Defendant are not significantly different from the allegations in the first instance trial. However, even if the evidence submitted in the first instance trial different from each of the evidence additionally submitted in this court, the recognition and determination of the facts of the first instance trial is justifiable, even if all of the evidence presented in the first instance trial were presented in this court.

Therefore, the court's reasoning concerning this case is to add the following "the part added" between the 4th 13 and 14 of the judgment of the court of first instance. The plaintiff of first instance 4th 21 of the 4th 4th 4th 4th 4th 7th 7th 7th 7th 7th 7th 7th 7th 7th 4th 4th 7th 4th 7th 4th 7th 4th 7th 4th 7th 4th 7th 4th 7th 4th 7th 4th 4th 7th 4th 7th 4th 4th 7th 4th 4th 4th 7th 4th 4th 4th 7th 1

In addition, "If the contractor bears the contractor's obligation to compensate for the defects incurred due to the error in construction for the whole new construction of the building, the contractor's liability is the contractual obligation under the contract for the construction work, and the subcontractor bears the same obligation as the contractor for the subcontracted construction work under Article 32 (1) of the Framework Act on Construction Industry. Each obligation of the contractor and the subcontractor for the subcontractor is in a bad joint and several obligation against the contractor (see Supreme Court Decision 2009Da85861, May 27, 2010)."

2. The judgment of the court of first instance is just, and all appeals filed by the plaintiff and the defendant are dismissed as it is without merit. It is so decided as per Disposition.