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(영문) 서울고등법원 2019.06.26 2018나2039080

하자보수에 갈음하는 손해배상 등

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1. The plaintiff's appeal and the defendant's appeal and the request for return of provisional payment are all dismissed.

2...

Reasons

1. The reasoning for this case by the court of first instance is as follows, and the reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for modification, addition, and deletion as follows. Thus, this is cited by the main sentence of Article 420

Defendant “Defendant Company B”, “Defendant B”, “Defendant B”, and “Defendants” after the revision before and after the revision (as shown below, No. 12 pages 7 and 10 of the first instance judgment), “Defendant and Defendant C”, “Defendant C”, “Defendant C Codefendant C”, “Defendant D Codefendant C”, “Defendant D Codefendant D”, “Defendant D”, “Defendant E Codefendant D”, “Defendant Association of the first instance court”, “Defendant E Codefendant E”, “Defendant Association of the first instance court Codefendant E”, and “Codefendant Association of the first instance court Codefendant in the first instance judgment” are as follows.

The following shall be added between conduct 9 and 10 under the fifth page of the judgment of the first instance:

3) On the other hand, the appraiser S of the first instance trial (public 10-1) presented a consistent opinion (i.e., that it is appropriate to recover from shocking, and its repair cost is KRW 225,491,053, after removing an altered construction defect in the structural column constructed in the pressing, which is a defect in the construction of the structural column completed in the pressing, as follows: (ii) the first opinion was changed from the written request for an appraisal and supplementary statement submitted to this court on February 26, 2019, to remove the original data, and then to remove the re-building and re-buildinging, the repair cost is appropriate and appropriate (iii) the repair cost of re-buildinging, 635,531, and 8).

The opinion of the appraiser in the first instance trial ① on September 18, 2017, the SG public law constructed on the outer wall of the appraisal report (the plaintiff's application) of the appraiser in the first instance trial is important because it is the Sheath Type constructed so that it is not revealed that it is a press.