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(영문) 대구고등법원 2015.06.03 2014나4768

하자보수비 등

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1. Upon completion of the lawsuit described in Paragraph 2 below, the judgment of the court prior to the remand was modified as follows.

Reasons

1. The following facts are acknowledged according to the records of basic facts.

A. In the first instance trial, the Plaintiff received a judgment in favor of the Plaintiff by claiming that “the Defendant shall pay to the Plaintiff 2,343,750,568 won and the amount calculated by the rate of 20% per annum from the following day to the day of full payment,” and that “the Defendant shall pay to the Plaintiff 1,153,026,849 won and the amount calculated by the rate of 5% per annum from November 7, 2012 to January 11, 2013, and 20% per annum from the following day to the day of full payment.”

B. On the first instance judgment, both the Plaintiff and the Defendant appealed, and the Plaintiff extended the claim in the trial before remanding.

After extension, “the Defendant shall pay to the Plaintiff 2,363,827,795 won [the amount of property damage = the amount of consolation money arising from the exaggerated advertisement (the cost of partial repair executed differently from the project approval drawings of the portion omitted from the defect repair cost of the part of the defect repair cost of the section for common use)] and the amount calculated at the rate of 20% per annum from June 20, 2013 to the date of complete payment from the day following the delivery of the copy of the claim and the correction of the cause of the claim.”

The trial prior to remand changed the judgment of the court of first instance, and the contents of the judgment are as follows: “Defendant is dismissed from the judgment of the court of first instance: “The amount of KRW 796,171,665 [the amount of KRW 73,021,65 [the amount of KRW 73,00,00 per annum 73,021,665 [the amount of KRW 429,019,217 per annum 16,000 per annum 16,000 per annum 527,58,191,00 per annum 60,000 per annum from June 21, 2013 to February 13, 2014]; and the remainder of the Plaintiff’s claim is calculated as follows:

C. As to the judgment of the court below prior to the remand.