(영문) 대구지방법원 2018.01.11 2017나307076

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(영문) 대구지방법원 2018.01.11 2017나307076

손해배상(기)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff claimed compensation for the 6,680,000 won of active damages incurred due to the Defendant’s error in construction, and ② compensation for damages for the 3,000,000 won of lost income generated due to failure to conduct normal business during the process of repairing the passive damages, and ③ consolation for mental damages (2,00,000 won) respectively.

However, the court of the first instance declared a judgment citing only the part citing the active damages claim among the plaintiff's claims, and filed an appeal with the purport that only the defendant seeks to dismiss the part.

Therefore, the part of the plaintiff's passive damage claim and the part of the claim for consolation money are not within the scope of the judgment of this court, and the scope of the judgment of this court is limited

2. Basic facts

A. The Plaintiff operates a restaurant under the trade name of “C” (hereinafter “instant restaurant”).

The defendant is engaged in franchise and retail business with the trade name of "D".

B. Around February 2015, the Defendant contracted the construction of the instant restaurant floor by the Plaintiff and completed the construction at the Plaintiff’s request. However, the construction was reconstructed at the Plaintiff’s request.

(hereinafter “instant construction project”). C.

On August 2015, the Plaintiff demanded the Defendant to repair defects on the ground that the instant restaurant floor built by the Defendant left by the Defendant, and the Defendant rejected this.

Accordingly, the Plaintiff removed the floor of the instant restaurant built by the Defendant, and then replaced the floor of the instant restaurant by other days.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

3. Determination

A. 1) In the event of the Plaintiff’s fault in the construction of the Defendant, there was a defect in the instant restaurant floor.

Therefore, the defendant is liable to compensate the plaintiff for the damages amounting to 6,680,000 won and this.

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