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(영문) 대구지방법원 2020.03.25 2019나307063
손해배상(기)
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, 22,60,000 won against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On November 2016, the Plaintiff entered into a contract with the Defendant to supply materials, such as stone, etc., to the Defendant and the Defendant for the construction of stone storage on the ground of the said land (hereinafter “instant construction”) in order to create a new site for the purpose of constructing a new house on the ground, such as literature-si C, in which the Plaintiff owned shares.

(A) There is a dispute between the Plaintiff and the Defendant regarding the scope of the instant construction project, the construction cost, and whether the additional construction contract was entered into).

From the end of November 2016 to the end of June 2017, the part on which the Defendant completed the construction, such as removing the part where a stone embankment was stored in connection with the instant construction, piling up a new stone embankment, etc. is omitted. The part on which the Defendant completed the construction, such as (a) through (g) and (j) (hereinafter referred to as “information of a drawing”).

C. The Plaintiff paid a total of KRW 40,000,000 to the Defendant from December 6, 2016 to July 3, 2017, as the instant construction cost.

[Though there is a dispute over the scope of the original contract between the Plaintiff and the Defendant, the fact that the construction cost was KRW 30,000,000 does not conflict, and the Plaintiff claimed that the Plaintiff paid KRW 5,000,000 as additional construction cost for the said portion of the construction cost, and KRW 5,00,000 as additional construction cost for the said portion of the construction cost.]

Although the Defendant had been able to prevent the collapse of stone-generating caused by rainwater by construction of stone-frames by using stones and cement, etc. at the upper floor of each tin axiss, and installing tin axiss at the same time, the Defendant covered the lower part of the tin axis only by making waste concrete sculptures and covering it with soil, and constructed at the upper floor of each tin axis by almost using cement.

In this regard, around July 16, 2017, the part of the rainwater (Ga) is part of the horizontal plane of stone twebing, which is found to be above the upper floor of stone twebing around July 16.

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