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(영문) 대구고등법원 2016.11.23 2016나1022
손해배상(기) 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of the electrical construction business, etc., and the defendant B is a person who actually operates the "D company" and the defendant A is a person who is registered as a representative of the above D company.

B. On February 5, 2014, the Plaintiff: (a) contracted for the construction of electric relay facilities among C Corporation from EEE Heavy Industries Co., Ltd.; and (b) agreed to pay the construction cost corresponding to the base height of each month to Defendant B, who is the operator of D Company, for a subcontract period of KRW 520 million; and (c) paid the construction cost corresponding to the base height of each month to Defendant B on the 20th day of the following month.

On the other hand, the Plaintiff, around November 2014, agreed to pay KRW 580,000,000 for total construction cost to Defendant B by increasing the construction cost to KRW 60,000.

C. Defendant B, from May 2014 to March 2015, performed the construction of the instant electric wires subcontracted by the Plaintiff from May 201 to March 2015, and suspended the construction upon the Plaintiff’s request for the discontinuance of construction and the completion of construction at the construction site on March 2015.

However, during the period from January 2015 to March 2015, the parts of the electric wires employed by Defendant B damaged the electric wires by using the air box box for the purpose of generating electric wires from January 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply), partial testimony of witness E and the purport of the whole pleadings

2. The plaintiff's assertion

A. Although Defendant B had paid the construction price at KRW 60 million by the Plaintiff, it again demanded the Plaintiff to increase the construction price. Defendant B, upon receiving a demand from the Plaintiff for the withdrawal of the construction price at the construction site with the refusal of the increase of the construction price, damaged electric wires by intentionally cryping the flaps by causing the flaps, and Defendant B, as a tort.

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