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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The gist of the Plaintiff’s assertion was that the Defendant, from September 24, 2017, requested the Defendant to remove the 7th floor of the Suwon C Building (hereinafter “instant building”) to perform the removal work (hereinafter “the removal work of this case”).
However, since windows, windows, elevators inside a building, drain pipes, electricity lines, etc. are damaged due to the defendant's negligence during the removal work, 30,030,000 won calculated by deducting 2,50,000 won which the plaintiff shall pay to the defendant from the damages of 5,30,000 won.
2. In light of the evidence submitted by the Plaintiff, even though it is recognized that the Plaintiff requested the removal work of this case to the Defendant, the content of the recording at the time of examining the record (AA18) submitted by the Plaintiff was mainly shown in the circumstances in which the Plaintiff and the Defendant were to proceed with the removal work of this case, and it does not appear to have claimed that the Plaintiff suffered damage to the building due to the Defendant’s negligence during the removal work of this case.
In addition, the contents of the recording of additional recording (A2) may be seen as a defective elevator and a telephone call related to the cost of restoring the elevator. However, it cannot be known whether the elevator is a facility inside the building of this case. Even if the above elevator is installed inside the building of this case, there is no evidence to acknowledge whether the elevator was damaged during the removal of this case, and whether there is a defendant's responsibility for it.
In addition, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact of the Plaintiff’s assertion related to the cause of the claim, and there is no other evidence to acknowledge
The plaintiff's assertion is not accepted.
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