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(영문) 대전지방법원 2019.06.21 2018나2293
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 2009, the Plaintiff asserted that the Defendant: (a) requested the Defendant to construct the artificial engineering works under the Seo-gu Daejeon D apartment E, Seo-gu, Daejeon; and (b) the Defendant incurred water leakage due to the Defendant’s defective construction works on April 201; and (c) requested the Defendant to repair its defects.

However, the defendant is bad, and the defendant would pay the remuneration in the plaintiff's side, and the plaintiff would pay the remuneration, and the plaintiff requested another person's business to pay 1.1 million won to the other person's business.

Therefore, the defendant should pay to the plaintiff 1.1 million won and damages for delay.

2. First of all, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant, a plaintiff-owned in the middle of May 2009, engaged in the construction of artificial complex as the plaintiff-owned apartment complex, and there is no other sufficient evidence to acknowledge it.

Therefore, it is difficult to accept the Plaintiff’s claim of this case without further review as to the remainder.

3. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The judgment of the first instance, which differs from this conclusion, is unfair, and thus, the plaintiff's claim is dismissed.

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