하자보수에 갈음하는 손해배상 등 청구
1. The Plaintiff’s appeal against the Defendants and all appeals by Defendant B and by the Housing and Urban Guarantee Corporation.
1. The grounds for appeal by the Plaintiff, Defendant B, and the Korea Housing and Urban Guarantee Corporation, which cited the judgment of the court of first instance, are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance (the result of the request for the supplementation of expert evidence D) was presented to this court, the fact-finding and the judgment of the court of first instance are justifiable.
Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for adding the following judgments to the allegations emphasized by the above Defendants in the trial, and therefore, it is identical to the part of the reasoning of the judgment of the first instance. Thus, this Court cites it as it is in accordance with the main text
(Mad name is based on the abbreviation of the judgment of the court of first instance). 2. Additional decision
A. As to the defect in this case’s assertion of Defendant B and the Housing and Urban Guarantee Corporation (public No. 42), the Defendant B Co., Ltd. conducted defect repairs and additional planting equivalent to KRW 26,639,025 on this part.
As a result, 11,508,11 of the above defects (i.e., the defect repair of KRW 5,871,247 and the defect repair of KRW 5,636,864) were additionally planted. 15,069,208 (i.e., KRW 26,639,025 - KRW 11,508,111)
Since additional planting trees do not differ from the purpose and function of the landscape trees, all of the above 26,639,025 won should be deducted or offset from the landscape trees' death and the cost of repairing the intangible parts.
B. As seen earlier, regarding the defects in “(public 42)”, the expenses for repairing the landscaped trees that were killed in the complex constitute 71,363,076 in relation to the defects in “(public 42),” ② the expenses for repairing the defects of the landscaped trees that were planted differently from the design drawings are 34,242,337, ③ the expenses for repairing the defects of the landscaped trees that were planted in the complex were 37,301, and ④ the expenses for repairing the defects of the landscaped trees in the complex were 37,301.