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(영문) 수원지방법원 2020.09.10 2019나84536
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination as to the Plaintiff’s assertion emphasized by the court of first instance as to this case, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion as to the plaintiff's assertion that the construction cost of this case should be deducted from 55,540,200 won from the cost of defect repair, is not caused by the plaintiff's construction defect, but merely caused by design defect, and thus, the cost of payment is not the cost of payment to the plaintiff. However, the plaintiff's assertion is insufficient to acknowledge the plaintiff's assertion, and there is no other evidence to acknowledge it, and the whole purport of the evidence and arguments as a whole are revealed, and the following circumstances, namely, (i) in the lawsuit seeking the payment of the cost of defect repair raised by G against the defendant, that "the plaintiff and the defendant agreed to repair the defect of the device of this case," and (ii) in the appellate trial of the above lawsuit, the plaintiff's assertion that the defect of the device of this case was caused by design defect of this case is not accepted, and therefore, the plaintiff's assertion is without merit.

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

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