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(영문) 전주지방법원 2020.06.11 2018나7477
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the amount ordered under paragraph (2) shall be revoked.

2.

Reasons

1. The reasons for this part of the basic facts are as stated in the part of “basic facts” in the judgment of the court of first instance. Thus, this part of the basic facts is cited by the main text of Article 420 of the Civil Procedure Act.

2. According to the changed drawings of the golf course of this case, according to the plaintiff's arguments, the center was newly installed at 7th Manle and 4th Manle, which is designed to be connected to the 7th Manle and 4th Manle (or connection pipes or drainage pipes; hereinafter "Good Manle"). Unlike the design of the changed drawings, the center was installed as an excellent pipe at 300 meters away from the design of the changed drawings, the center was installed as an excellent pipe at 300 meters away from the 30th Manle and 4th Manle. The above 300 meters away from the 4th Manle, which was connected to the 4th Manle's left-hand side of the changed drawings, and the accident was to discharge excellent pipes at 450 meters away from the 4th Manle and 4th Manle, which were connected to the 4th Manle's left-hand side of the changed drawings, and was connected to the above 450m high Manle to the above 40m high Manle.

Therefore, Defendant B is obligated to pay to the Plaintiff 46,130,000 won and delay damages therefor due to the following reasons. Defendant CF is jointly and severally liable with Defendant B to pay the above amount to the Plaintiff as a defect liability bond of this case. Defendant B, despite the existence of the defect repair obligation in the instant accident, was conducted by the Plaintiff on behalf of Defendant B, so Defendant B is obligated to pay the Plaintiff KRW 46,130,000 as compensation for damages due to the nonperformance of the instant contract.

C. The plaintiff is represented by the defendant B.

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