KCC 380/2000

This case involved a claim for payment for unfulfilled contract obligations. An expert was appointed to assess the value of the completed work. The court had been wrong to ignore that the expert had not taken into account the cost of raw materials in their assessment.

Background

Claimants filed a case against two defendants and requested the court to order the defendants to pay them an amount of money. The claimants stated the defendants had failed to pay for their contractual obligations.

The first defendant filed a case against the claimants and requested the court to appoint an expert in order to view the finished work.

The court rejected the first case and stated the second case was finished.

The claimants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation and that they had objected to the report of the expert because it had not calculated the value of raw materials that they had bought.