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(영문) 창원지방법원 2014.12.24 2014나2659
피전부채무부존재 및 상계청구
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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the "written evidence No. 1, 3, 7, and 10" in Part 6 of the judgment of the court of first instance shall be read as "Evidence submitted by the plaintiff"; and (b) the 6th 10 to 14th 14 are the same as the part of the judgment of the court of first instance, except for the use of the 6th 10 to 14th , so it shall be cited in accordance with the main sentence of Article 420 of the

[Supplementary part] The plaintiff asserted that he had the damage claim in lieu of defect repair due to the erroneous construction and defective construction of items, but it is insufficient to acknowledge that the evidence submitted by the plaintiff alone occurred as alleged by the plaintiff (the plaintiff did not apply for evidence related to defect appraisal until the closing of argument in the first instance trial, and the plaintiff did not apply for defect appraisal before the closing of argument after the closing of argument). Rather, according to the fact inquiry conducted by the court of construction mutual aid association in the appellate trial on the Yong-Nam's construction mutual aid center, the situation in which 22 million won has already been already paid as the defect compensation for the building in this case. Accordingly, this part of the plaintiff's assertion is without merit."

2. The judgment of the court of first instance is just, and the plaintiff's appeal is without merit, and it is dismissed as per Disposition.

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