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(영문) 서울고등법원 2017.04.20 2016나2073734

손해배상

Text

1. Of the judgment of the court of first instance, the part of the judgment as to Defendant case and Defendant Dongdae Construction Co., Ltd. is below.

Reasons

1. This part of the reasoning of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following additions to the reasoning of the judgment of the court of first instance (based on recognition).

(See the attached Form of the judgment of the court of first instance, but citing only the sum table of defects by section for common use and section for exclusive use, excluding the table of defect repair expenses related to the construction, machinery, etc.). 【Supplementary Part】 5] The details of the defect repair expenses for the part of the construction work of this case executed by the defendant K- industry and the defendant Dongmun Construction are as shown in the attached Form 2 and the table below

(Unit of Units: 6,50,630 for the 10-year 4 year following the second 5-year 10-year 4 year following the previous inspection on usage; 32,506,482; 123,628,361, 45, 567 264,4822 73,938; 414,463,847,877,678,678,6519,539-14,034,7518,818,247,247-275,6465,6465,6365,6465,675,6465,675,675,647,675,675,675,645,67,57,675,67,57,475,265,294,284,28

A person shall be appointed.

2. The Defendants, who were liable for damages, committed a defect in the common area and the section for exclusive use of the instant apartment, due to the failure to perform the said duty, although they, as the contractor of the contract for construction of the instant apartment, bear the duty to complete the defective object and deliver it to the Plaintiff.

Therefore, barring special circumstances, the Plaintiff is jointly and severally liable for damages incurred to the parts constructed by the Defendants, which are the joint contractor of the instant construction contract, in lieu of defect repair, and the development of Defendant executives, who are the contractor of the instant landscaping contract, was executed by the said Defendant.