하자보수에 갈음하는 손해배상 등
1. The defendant's appeal against the plaintiff Imera management body is dismissed.
2. The appeal by the plaintiff (appointed party) and the defendant.
1. The reasoning of this court’s acceptance of the judgment of the first instance is the same as that of the reasoning concerning the defendant in the judgment of the first instance (including the reasoning corrected by the decision of correction of the judgment of December 23, 2014), except for the following modifications, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The following judgments shall be added in front of the “1. Basic Facts” in Part 4 of the Judgment of the first instance.
First of all, the defendant's IF management body (hereinafter "Plaintiff management body") is the defendant's IFE.
As to the legitimacy of the appeal against the Plaintiff (Appointed Party). The Defendant’s claim against the Defendant and the co-defendant Seoul Guarantee Insurance Co-Defendant, Ltd. (hereinafter “Seoul Guarantee Insurance”) of the first instance trial by the Plaintiff managing body.
The plaintiff management body of the first instance judgment filed an appeal against the plaintiff management body of the Seoul Guarantee Insurance against the co-defendant Seoul Guarantee Insurance Co., Ltd. of the first instance judgment against KRW 78,057,455 and against this, at the rate of 20% per annum from the day following the day of service of a copy of the complaint to the day of full payment. Although the Seoul Guarantee Insurance has to be jointly performed, the judgment of the first instance judgment partially accepted each of the above claims. In such a case, even if the above part of the quoted part of the claim was performed, the Seoul Guarantee Insurance against the plaintiff management body of the first instance judgment against the plaintiff management body of the Seoul Guarantee Insurance against the plaintiff (appointed parties) was not deducted from the defendant's debt to the plaintiff management body of the first instance judgment, and the defendant's appeal against the plaintiff management body of the first instance judgment against the defendant against the above part of the judgment against the plaintiff management body of the Seoul Guarantee Insurance Co., Ltd. of the defendant cannot be deemed to have legal interest in the defendant's appeal against the part against other parties.