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(영문) 대구지방법원 2016.02.03 2015나12022
공사대금 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court of first instance's explanation concerning this case is that it is difficult to compare the results of the appraisal request to H of the court of first instance, which lack to recognize that the defendant's assertion that there is no construction cost payable to the plaintiff if the defendant deducts the expenses paid by the defendant for repairing the above defects and losses caused by business losses during the repair period, as evidence submitted additionally in the court of first instance due to the defects in the execution of the construction work, there are malodors in the guest room or the president of the court of first instance. Thus, it is difficult to find that the court of first instance's appraisal request to H of the court of first instance is insufficient to determine whether there is any construction cost to be paid by the plaintiff (the result of the appraisal request to H of the court of first instance is difficult to determine whether there is any relevant data such as drawings and photographs before and after the construction work, and it is difficult to accurately understand the water leakage level due to the completion of the construction work at present, and it is difficult to determine whether the repair cost of 23,3200,00 won is correct due to the plaintiff's.

2. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff and the defendant's appeal are dismissed as it is without merit. It is so decided as per Disposition.

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