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(영문) 서울중앙지방법원 2015.08.21 2014가단5327715
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, upon receiving a subcontract for the construction of an apartment complex 15 apartment complexes in Gangseo-gu Seoul Metropolitan Government, ordered by SH, the Plaintiff was performing the construction work by subcontracting from the Daewoo Shipbuilding Marine Construction Co., Ltd.

The defendant awarded a contract for electrical construction from SH Corporation and executed construction work.

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. After the Plaintiff’s assertion completed the installation work of the interior of each apartment, the Defendant damaged the distribution site by incidentalism while doing the installation work of electricity, etc. on each apartment unit.

For this reason, the Plaintiff made an additional construction work.

The defendant shall pay the additional construction cost of KRW 13,420,000.

3. According to the evidence Nos. 2 and 7 of the judgment of the court below, since the plaintiff completed the apartment plantation construction work, the defendant's damage to the plaintiff's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship'

However, the Plaintiff’s damages amounted to KRW 13,420,00, and based on the evidence No. 3(Written Estimate), the Plaintiff cited the evidence No. 3(A).

However, this cannot be said to have been proven that it was merely a written estimate prepared by the plaintiff.

The court urged the plaintiff to prove the amount of damages, and recommended the plaintiff to prove the amount of damages in the form of inquiry about the court expert member in the court, which shows difficult color due to the burden of appraisal costs.

However, the plaintiff did not submit any further evidence concerning the proof of damages.

The plaintiff's assertion on the amount of damages is insufficient evidence to acknowledge it.

Ultimately, the plaintiff's assertion is not accepted.

3. The plaintiff's claim is dismissed.

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