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(영문) 수원지방법원 2015.08.19 2014나29831

손해배상(기) 등

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

The principal lawsuit and counterclaim shall be reviewed together.

1. The reasons why this court shall explain this part of the facts of recognition are the same as the corresponding column of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure

2. Determination

A. 1) According to the above facts finding as to the grounds for the main claim, the Defendant: (a) barring any special circumstance, barring any special circumstance, the Defendant: (b) KRW 51,613,627 [the repair cost of the defect = KRW 36,927,337 [the costs of the defect repair = the defect of the small floor heating due to the non-construction of the single unit (hereinafter “the defect of the non-construction of the single unit”).

() 19,950,590 won of the underground parking lot 16,976,747 won of other defects, including defects, etc. which are unfilledd by the external appearance of the 19,950,590 won of the construction cost £« 10,000,000 won of the additional construction cost paid by the Plaintiff at the Defendant’s request + 29,686,290 won of the initial claim amount, which is 29,686,290 won of the initial claim amount of the Plaintiff paid by the Plaintiff on behalf of the Defendant, is obvious from January 4, 2013 to the date following the delivery of a copy of the complaint of this case, 21,927,337 won of the expanded claim amount, from September 28, 2013 to the date of complete payment, the Plaintiff’s design supervision business entity’s assertion that the Plaintiff is liable to pay damages for delay calculated at the annual rate of 20% of the litigation promotion, etc.

)가 제1심 법원에 제출한 공사감리일지(별책 2 중 2011. 8. 27.자 일지에 의하면, 2011. 8. 27. 1층 바닥 골조 거푸집 제작공사가 실시되었는데 불량 철근이 확인되어 보 철근 재시공을 지시하였다는 내용 등이 기재되어 있을 뿐 단열재 미시공 하자에 대한 내용은 전혀 없으며, 나아가 위 2011. 8. 27.자 일지에 첨부된 일부 현장사진에 의하면 철근이 설치된 아래 부분에 하얗게 비치는...