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(영문) 광주지방법원 2020.01.23 2019나3000
손해배상(기)
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

Plaintiff’s assertion

On March 16, 2016, the Defendant: (a) destroyed or damaged toiletsl day, diaphonephones, visits, glass windows, concrete walls, and remote areas, etc. by leasing the Plaintiff’s Yeongdeungpo-si apartment D (hereinafter “instant housing”); and (b) thereby, the Defendant destroyed or damaged toilets, diaphones, visits, glass windows, concrete walls, remote areas, etc.

On May 20, 2018, the Defendant did not perform the duty to restore the damaged or damaged portion, and ordered the Plaintiff to perform the instant house. The Plaintiff paid KRW 2.49 million to the repair cost for the damaged or damaged portion.

Therefore, the defendant is obligated to pay 2,490,000 won and damages for delay due to the failure to restore to the plaintiff.

Judgment

The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant destroyed or damaged toilets, tampphones, visits, glass windows, concrete walls, remote areas, etc. of the instant house, and there is no other evidence to acknowledge otherwise.

(O) According to each evidence submitted by the Defendant, the Defendant appears to have recovered from the Plaintiff at the time of the first delivery of the instant house and ordered the Plaintiff to do so). Therefore, the Plaintiff’s claim of this case is without merit.

Thus, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance with the same conclusion is justifiable, and the plaintiff's appeal is dismissed.

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