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(영문) 춘천지방법원강릉지원 2020.12.15 2019나699
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, except where the plaintiff and the defendant added "2. Additional Judgment" as to the argument that was emphasized or supplemented by the plaintiff and the defendant when they reached the court of first instance, all of them are the same as the reasoning of the judgment of the court of first instance. Thus, they are cited including abbreviations pursuant to the main sentence of Article 420

2. Additional determination

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant asserted that the contract for the entire construction work of this case was concluded between the Defendant and the Defendant, and the Defendant, at the Plaintiff’s request, did construction work with a daily wage, and did not perform construction work upon receiving a contract for the construction work of this case, and thus, the legal doctrine of the contract for construction work cannot be applied. 2) The Plaintiff and the Defendant’s allegation in this part are not significantly different from the allegations in the first instance court. In light of the evidence submitted to the first instance court, it is reasonable to deem that the Plaintiff and the Defendant gave the contract for construction work of this case to the Defendant, and therefore, the fact-finding and judgment of the first instance court that determined as above are justifiable.

Therefore, this part of the judgment of the court is identical to the statement of the third-party 7 to 16 of the judgment of the court of first instance. Thus, this part of the judgment is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Determination on the claim for damages in lieu of defect repair 1 of the instant building as to the non-construction on one side of the front part of the housing, construction of the boiler room, construction of the water surface part of the lower part of the main outer wall, construction of the boiler room floor, non-construction of the lower part of the boiler room, construction of the outer wall string part of the lower part, construction of the outer wall stringle, non-construction of the outer wall, non-construction of the supplementary stairs capable of entry from the main part, and non-construction of auxiliary stairs, which are allowed to enter the outside of the main part of the instant construction, is a defect

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