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(영문) 창원지방법원 2017.07.06 2016나4444
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 April 22, 2014, the Plaintiff entered into a contract with the Defendant for the construction of a re-design and a water leakage repair construction with respect to A apartment located in Tong-si (hereinafter “instant apartment”). The Defendant failed to complete the water leakage repair work by May 30, 2014, which was the agreed construction period, and the Plaintiff paid KRW 8,100,000 upon entering into a contract for the repair of the re-repair to the constructor C, and the Defendant asserts that the Plaintiff is liable to compensate the Plaintiff for the said KRW 8,100,000.

According to the evidence Nos. 3, 5, and 6, the fact that the contract for the construction of the outer wall rupture repair and the reconstruction of the apartment of this case was concluded between the plaintiff and the defendant on April 22, 2014. However, there is no evidence to prove that the defendant concluded the contract for the repair of water leakage of the apartment of this case (According to the evidence No. 4, the plaintiff and the defendant entered into the rooftop waterproof construction contract for the apartment of this case on October 6, 2014, but the plaintiff did not take a problem with the above rooftop waterproof construction contract in relation to the claim of this case). The plaintiff's claim is without merit without any further review.

(2) If the plaintiff asserts the defect in the rooftop waterproof Construction, the evidence submitted by the plaintiff alone is insufficient to acknowledge the plaintiff's assertion. 2. Then, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and it is so revoked, and the plaintiff's claim is dismissed as per Disposition.

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