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(영문) 수원지방법원 2020.02.05 2019나66675
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The fact-finding and decision of the first instance court are justified even if the evidence submitted in the first instance court for the acceptance of the judgment of the first instance is based on the evidence submitted to this court.

Therefore, the reasoning of this Court concerning this case is consistent with the reasoning of the judgment of the court of first instance, except for the addition or modification as follows, with the exception of the addition or modification as to “2. Addition or modification. . . . . . . . .”

2. On 3 pages 8 of the part added or amended, the Plaintiff shall add “in turn,” in front of “the Plaintiff.”

3. Following the 11th subcontract, “The Defendant was awarded the instant subcontract,” and “The instant interior works were suspended on or around October 2014 due to the use of the price for the instant interior works, and the Plaintiff rescinds the instant interior construction contract on the ground of the Defendant’s nonperformance. Therefore, the Defendant added the Plaintiff a duty to return as unjust enrichment KRW 1.6 million and damages for delay thereof, excluding the amount of KRW 81 million, which is the money equivalent to the nature and height of the instant interior works. Therefore, the Defendant is obligated to return to the Plaintiff the Plaintiff the remainder of KRW 119 million, excluding the amount of KRW 81,000,000,000,000 (= KRW 20 million - 81,000,000), as sought by the Plaintiff.”

In the 3rd 14th 14th 14th 190, the term "in default or non-performance of delegation agreements" is added.

The 4th to 8th parallels are as follows:

The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff and the Defendant entered into a contract for the instant interior works with respect to the instant interior works, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion on this part is without merit without further review. 4 9-12, “The Plaintiff’s argument is from the closing of argument to the conclusion of judgment,” and “the Plaintiff’s preliminary claims,” respectively.

4. The 15th 15th 'the cause of the claim' is considered as a preliminary cause of the claim.

3. Thus, the plaintiff's claim of this case is justified.

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