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(영문) 수원지방법원 2016.06.16 2015나18708
공사대금
Text

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

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except where the plaintiff added the following judgments to the pertinent part, thereby admitting this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. 1) The Plaintiff’s assertion is based on the error in the appraisal of defects. The Plaintiff’s assertion is a part of the civil engineering work (hereinafter “instant construction work”).

(2) After the Plaintiff completed the construction work, the construction site of this case was destroyed by the Defendant, such as dump trucks and heavy equipment passing through, and destroying the contact panel on the basis of Mandole. As such, the defect part of the construction site of this case cannot be seen as a defect in the construction site of this case. Moreover, the defect part of the construction work of liding alteration is merely a subjective opinion of the appraiser, but does not constitute a defect in the iron printing. 2) The result of the appraisal by the appraiser on the board is that the appraisal method of the appraiser on the board is contrary to the empirical rule or unreasonable, and thus, it should be respected so long as there is no obvious error in the appraisal method, etc.

(See Supreme Court Decision 201Da103199, 201Da103205, Jan. 24, 2013, etc.). According to the appraiser C of the first instance court’s appraisal of the defect repair cost, the appraiser itself cannot be said to be a defect unless there is a special provision on the part of “damage on the basis of Man-Made” as to the part of “damage on the basis of Man-Made”. However, it is determined that the damaged area of Mandedele is due to the poor red view for Mandedele increase (28 pages of appraisal). (2) With respect to the part “construction by Mandele lid,” the vehicle and weight equipment in the case of Mandele lid is likely to pass over the upper part, and the lid constructed by the metal system is likely to be damaged due to the damage, etc.

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