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(영문) 서울고등법원 2016.04.05 2013나2019968

하자보수보증금등청구의소

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1. Of the judgment of the court of first instance, the part against Defendant J in excess of the amount ordered to be paid below.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. Determination as to the defendants' claims

A. 1) In light of the above facts, barring any special circumstance, the Defendants are obligated to compensate the Plaintiff, a contractor for a part of the construction type of the instant apartment construction among the new construction of the instant apartment construction, for damages in lieu of the repair cost for each defect indicated in the repair cost for each of the defect repair cost for each of the construction type of the instant apartment construction project. 2) The Plaintiff, as a result of the Defendant D’s fault in the construction, has the obligation to compensate the Plaintiff for the damages incurred in lieu of the repair cost for each defect indicated in the attached subcontractor construction cost for each of the defect in the instant apartment construction project. However, there is no evidence to support the Plaintiff’s aforementioned defect in the construction of the instant apartment construction project.

B. The defendants' assertion 1) The defendants' common assertion and judgment on the defendants' common assertion were completed in all as required by the plaintiff, and each item alleged by the plaintiff as defect includes defects arising from the negligence in the use and management of the apartment occupants of this case, and the above defects cannot be deemed to have occurred within the defect liability period.

When a notice of lawsuit has been given, the defendant will be against the judgment in fact which is the basis of the final and conclusive judgment in the subsequent lawsuit.