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(영문) 서울고등법원 2015.10.07 2015나2032217

손해배상(건)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff shall be against the defendant corresponding to the revoked part.

Reasons

1. With respect to the Plaintiff’s claim for damages in lieu of defect repair and damages due to non-performance as warranty liability against the Defendant prior to the adjudication scope of this court, the first instance court dismissed the claim for damages in lieu of defect repair on the ground that the damages claim was unlawful because the rehabilitation claim is a rehabilitation claim, but the Defendant was exempted from liability due to the lack of interests in the protection of rights, and that the damages claim due to non-performance of obligation is not a rehabilitation claim.

In this regard, both the plaintiff and the defendant filed an appeal before the court of appeal, and the court of appeal before the second instance rejected the appeal by the defendant prior to the change of the name of the plaintiff and the damages for delay, which are calculated by applying the limitation of liability to the cost of defect repair as well as the amount calculated by applying the limitation of liability to the cost of defect repair as to each of the above underground PIT walls, the 10-year defect liability period among the rejection parts of the first instance trial, namely, the cracks and water leakages of each such underground PIT walls, the ceiling cracks and water leakages of the ceiling, the utility tunnel cracks, the power generator rooms, the central heating rooms, the pumps's defects, the underground water tank and the water storage tanks, the wall of the household, the wall of the

Accordingly, the Defendant appealed before changing the trade name, and the judgment of remand reversed the part against the Defendant in the judgment of the party before remand and remanded that part to the trial court after remanding.

Therefore, the scope of this court’s adjudication is limited to the defect liability which the first instance court dismissed, and the above part cited by the first instance court prior to remand among the damages claims in lieu of defect repair, and the part cited by the first instance court among the damages claims due to non-performance of obligation (hereinafter “the Plaintiff’s lawsuit in this case for convenience”).