서울고등법원 2019.08.30 2018나2017400

하자보수에 갈음하는 손해배상 등


1. The plaintiff's incidental appeal and the defendants' appeal are all dismissed.

2. The incidental appeal cost shall be the costs of the plaintiff and the appeal.


1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the following addition, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 12, paragraph 15, of the Decision of the Court of First Instance, the following shall be added:

⑤ Although whether a liquid waterproof construction project is properly executed should be determined on the basis of waterproof performance, such waterproof performance is clear in light of the empirical rule that not only the performance of waterproof material itself, but also the quantity of waterproof material that is spreading in the course of construction, and that the quantity of waterproof material should be confirmed through the thickness of waterproof material, etc. after usual spreading, so it can still be seen as one standard in determining whether there is any defect in the diameter of waterproof layer and its degree. 6. The amended standard specifications of 2013 provide that “The minimum thickness of at least four meters shall be measured so as to be measured,” but in light of the text thereof, the purpose of securing a minimum thickness for ex post facto measuring strength rather than the purport that there is no defects of liquid waterproof construction.”

The defendants also claim that, even if the defect is recognized, the standard construction work pactum sets the size of cement waterproof construction works on the basis of the size of cement waterproof construction works. Thus, even if the thickness is insufficient, labor cost does not vary. In the case of the apartment building of this case, the construction work cost of this case is deemed to have been entirely invested, so the difference between the cost of construction except labor cost and the cost of construction work is limited to the difference between the cost of materials.

(b) however,