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(영문) 서울서부지방법원 2019.11.08 2019나32891
공사대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the following dismissal or addition, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part IV, which is dismissed or added, is about 16 to 20 of the judgment of the court of first instance.

In full view of the overall purport of the pleadings in the statements or images of Gap evidence 2 and Eul evidence 21, the following facts are included in four household fire doors (1,480,000 won), six strings (1,980,000 won), three strings (120,000 won), four strings (1,60,000 won), four strings (1,60,000 won) for reinforcement glass (1,60,000 won), and the fact that the plaintiff failed to perform construction works based on each of the above construction contents is recognized."

Part 8 of the judgment of the court of first instance, the 19th to 12th is as follows.

1 If the construction of the relevant legal doctrine was suspended during the course of the construction and fails to complete the last stage of the intended construction, the construction shall be deemed to have been completed, but the construction shall be deemed to have been completed once at the last stage of the intended construction.

It is reasonable to interpret that the part of the structure is completed as agreed and completed in accordance with the social norms, but it is only a defect in the object, if it is to be repaired due to incomplete construction works. Whether the last process of the intended construction has been completed must be objectively determined in light of the specific contents of the relevant construction contract and the principle of trust and good faith without seeking the contractor's assertion or the completion inspection conducted by the contractor. This standard has the nature of liquidated damages for delayed completion of the date when the contractor of the contract for construction works completed.

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