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(영문) 서울중앙지방법원 2020.06.23 2019나28958
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the lower court’s explanation is as follows, except for the following additional determination as to the Plaintiffs’ assertion emphasized or added by this court, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Although the Plaintiffs already notified the Defendant that they would offset the Defendant’s claim for compensation for delay against the Defendant’s claim for delay, the presumption that the Defendant had intention or negligence is not followed in light of the fact that the Defendant filed an application for provisional seizure against a large number of row houses with excessive amount, and that the difference between the amount of the preserved claim for provisional seizure and the amount actually recognized in the judgment on the merits is significant.

The amount of damages that the Defendant is liable to compensate for to the Plaintiffs is the difference between the amount of preserved claims against the decision of provisional seizure Nos. 1 and 2 of this case and the amount of claims cited in the judgment on the merits. Even if the construction cost before offsetting is based, the difference between the amount of claims covered by provisional seizure No. 1 and 2 of this case

B. The plaintiffs asserted that they expressed their intent of offset through Gap evidence No. 14-1 and 2 (Certification of Contents). However, in light of each of the above contents certification, the plaintiffs' position on the issue of conflict between the plaintiff and the defendant's opinion, rather than "a declaration of intent to take effect as a whole," in view of the following: "The case of the request for payment of the price for delay and the amount of damages has been paid to us, but at the same time, it is presumed that the agreement on the promise for payment was premised, all remaining construction and several defects should be known to a certain extent, and it is difficult to inform us that the case of the request for payment can be made as a substitute amount after the completion of a certain degree, and that the date and method of the payment should be notified as soon as possible."

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