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(영문) 부산지방법원 2020.02.05 2018나60090
손해배상(기)등
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 6,507,00 won and 6,500 won.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the judgment of the first instance, except where "the result of the appraisal of the amount of damage by an appraiser, the result of the inquiry of the appraiser of this court about the appraiser of this court, the result of the inquiry of the appraiser H of the court of the first instance, the result of the inquiry of the appraiser H of the court of the first instance, and the result of the inquiry of the appraiser H of the court of the first instance," which is the same as that of the judgment of the first instance.

2. Determination as to the claim on the principal lawsuit

A. The part of the lower court’s claim that the Plaintiff sought payment of KRW 1,520,00,000 in total, for the equipment rent and the cost of transporting materials in the first instance trial, was excluded from the scope of the trial due to the failure of both the Plaintiff and the Defendant to appeal.

1) The Plaintiff’s assertion that the Defendant interfered with the construction work and caused damages to KRW 24,920,00 in total to the cost of personnel and food, from May 11, 2017 to May 17, 2017. 2) The Defendant, on the ground that the Plaintiff did not settle the party in question in spite of the Plaintiff’s damage, such as equal heat in the Defendant’s house while performing the construction work, on the ground that the Plaintiff did not cause damage to the Defendant’s house, the Defendant’s failure to park Gexton vehicles owned by the Defendant at the entrance of the construction site from May 11, 2017 to May 17, 2017 to prevent the Plaintiff from entering the vehicle and material into the construction site, thereby obstructing the Plaintiff’s construction work by force. The Plaintiff’s total number of KRW 30 to 333,39 through 42, each of the first instance witness, first instance witness, first instance witness, and fourth 17, 2017.

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