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(영문) 대구지방법원 2019.04.25 2018나309079
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The extension by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Determination on the main claim

A. 1) The plaintiff's summary of the claim for damages in lieu of defect repair is 78,475,624 won (i.e., 61,240,624 won) related to the instant pention since the defendant failed to properly perform the construction work under the instant construction contract or additional construction contract. The defendant is obligated to pay the plaintiff the above 78,475,624 won as damages in lieu of defect repair. (ii) The defendant is obligated to pay the plaintiff the above 78,475,624 won as damages in lieu of the defect repair. According to the appraisal entrustment and fact inquiry by the court of the first instance, since the cost of the pent repair in this case is 61,240,624 won as stated in the attached list of defects, the defendant is obligated to pay the plaintiff damages in lieu of defect repair, and there is no reason to acknowledge the plaintiff's additional obligation to pay the plaintiff the above 61,240,624 won as well as the above 1701,000,000 won (the defendant's 1).

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