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(영문) 광주지방법원 2020.08.14 2018나53398
재시공 등
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the part written by the court as follows, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use] The third part of the first instance judgment "250W" in the third part of the first instance judgment shall be added to "260W".

2. Determination on the claim for damages relating to the installation of a server

A. The plaintiff's assertion that the defendant set up another product at his own discretion without establishing a model server as stipulated in the contract of this case.

Since the defect occurred in the power plant facilities of this case due to the defendant's error in the installation of a server, the defendant is liable to pay the plaintiff 14,871,130 won, which is the cost of replacing the server, and damages for delay.

B. The reasoning for this part of the judgment is as follows, except for the part used or deleted as follows, the reasoning for this part of the judgment of the court of first instance is the same as that of "A. In the judgment below," Paragraph 3 of Article 420 of the Civil Procedure Act shall be quoted as it is. [Article 420 of the judgment of the court of first instance [Article 420 of the Civil Procedure] shall be construed as "A. 6 of the judgment of the court of first instance" as "(1). 6 of the judgment of the court of first instance as "6 of the first instance" in Section 7 of the judgment of the court of first instance as "6 of the first instance and paragraph 8 of the first instance" in Section 6 of the judgment as "6 of the first instance judgment of the court of first instance". "It is insufficient to recognize that there is a present existence," and "the first part of the judgment of the court of first instance is not sufficient to acknowledge that there is a present existence," and "the first part of the judgment of the court of the first instance is not sufficient to prove that there is an additional evidence."

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