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(영문) 서울고등법원 2020.05.29 2019나2052684

손해배상(건)

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the first instance judgment, which is the same as the stated in the following sub-paragraph (2). Thus, the court’s explanation of this case shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the part dried up, the part " below the 6th bottom of the judgment of the court of first instance" shall be as follows. The result of the market price appraisal by an appraiser H of the court of first instance (hereinafter referred to as "the result of the market price appraisal").

According to the above appraiser's findings, it can be found that ① direct defect repair cost of this case 38,086,00 won, ② maintenance cost of 27,200,000 won [electric power cost of 6.6 million won per annum) personnel cost of electricity cost of 1.6 million won (3 million won for pumps and replacement cost of 17.6 million won per annum) for remaining training period], ③ regular safety inspection cost of 10 years for continuous observation was calculated due to the decline in market price due to the defect of this case. However, the plaintiffs themselves claim defect repair cost on the premise that repair is possible, and the appraiser G of the first instance court also determined that the defect of this case can be repaired at the expense of the construction of this case, but it is generally difficult to view that the repair cost of this case was 38,086,00 won due to the defect of the construction of this case, and that the market price of this case can not be calculated directly due to the defect of the construction of this case.