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(영문) 전주지방법원 2020.11.25 2020나1960
공사대금
Text

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. Basic facts

A. On April 9, 2018, the Plaintiff entered into a construction contract with the Defendant on a contract for the construction work of the 102,300,000 won for the construction cost of the 102,300,000 won for the work cost.

B. The defendant performed the above construction work.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the assertion was that the Defendant suspended the instant construction without finishing it, and the Plaintiff ordered another construction business operator to conclude and repair the completed construction and repair of the defects, and paid the additional construction cost of KRW 20,900 (the cost of repairing the defective construction cost of KRW 5,400,000 for the cost of repairing the defective construction cost of KRW 15,400,000 for the cost of repairing the defective construction cost of KRW 15,400,000 for the cost of repairing the defective construction work of the solar panel).

Therefore, the Defendant is obligated to compensate the Plaintiff for damages of KRW 20,900,000 due to the Defendant’s nonperformance of obligation.

B. Even if the evidence submitted by the Plaintiff was fully comprehensively evaluated, it is insufficient to acknowledge that there was a non-construction portion or defect alleged by the Plaintiff in the instant construction project performed by the Defendant, and there is no other evidence to acknowledge it.

(The court of first instance ordered the Plaintiff to appraise the amount of loss caused by the defect of the construction of this case from an objective point of view, but the Plaintiff failed to perform this order until the court of first instance. The Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed.

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