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(영문) 서울서부지방법원 2018.06.21 2018나217
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On September 7, 2016, the Plaintiff paid the said money to the Defendant at KRW 50,000 for the bathing room construction work of Seodaemun-gu Seoul, Seoul, 106 Dong 1301, and even after the construction work.

B. Accordingly, the Defendant recommended the Plaintiff to replace the bath, and on December 27, 2016, the Plaintiff again entrusted KRW 620,000 to the Defendant, including the replacement of the bath, and paid KRW 20,000 as advance.

C. On January 3, 2017, the Defendant suspended construction due to the failure to seek the same kind of desire as the previous one, and the Plaintiff sent the content-certified mail to the Defendant that the contract will be rescinded, but returned.

On February 13, 2017, the Plaintiff completed bathing work while giving KRW 650,00 to other constructors.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-8, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserted that the plaintiff sought payment of KRW 250,000,000, which was paid for the cancellation of the contract due to the discontinuance of construction by the defendant, and repayment of KRW 250,00 (this part of the contract is also claimed as compensation for damages, but it appears to the purport that the plaintiff seeks restitution) and the total construction cost to resolve the water leakage by damages, and KRW 650,000,000, out of the total construction cost of KRW 570,000,00

(The plaintiff included a claim for consolation money for mental damage, but changed it to the water leakage damage below the above floor). (B)

Judgment

First of all, the above construction contract was rescinded through the service of a copy of the complaint of this case, which contains the plaintiff's declaration of contract cancellation on the ground of the defendant's discontinuance of construction.

Therefore, the defendant is calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 20, 2017 to the date of full payment, upon the plaintiff's request, the delivery of a copy of the complaint of this case as to the amount of KRW 250,000 (=50,000,000) already paid as the restoration to original state, barring any particular circumstances to the plaintiff.

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