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(영문) 서울서부지방법원 2017.05.26 2017가단1748
공사대금반환청구및손해배상금청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around July 2011, the Plaintiff asserted that the Plaintiff entrusted the Defendant with the remodeling work of the Damoel located in the Damo-si, the Plaintiff owned (hereinafter “instant construction work”) and paid all the construction cost.

However, since the Defendant did not construct five toilets and five even doors, the construction cost of KRW 4.2 million (=3.5 million in the toilet part + KRW 7.5 million in the unit price (i.e., KRW 7.., KRW 750,000 in the unit price) + KRW 4.50,00 in the even number part (i.e., KRW 90,00 in the unit price x 50,000 in the unit price) was returned. As above, the Defendant did not control construction, thereby causing a loss equivalent to KRW 45 million in the televise for ten months from February 29, 2016 (i.e., KRW 30,00 in the daily loss per room x 50 days x 300 days in the unit price). Therefore, it is liable

2. The Plaintiff asserted that the Defendant did not construct five toilets and door even among the instant construction works, but it is insufficient to acknowledge the Plaintiff’s assertion by itself, and there is no other evidence to acknowledge it (In addition, the Plaintiff’s assertion that the Defendant did not complete the instant construction work in light of the fact that the construction work is fully paid the construction cost to be completed, and that the instant construction work is deemed to have been completed at around 201, and that five years have passed thereafter, the Plaintiff’s assertion that the Defendant did not complete the construction of this case does not have a strong interest). The Plaintiff’s assertion is without merit, without having to further examine it.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

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