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(영문) 서울고등법원 2015.06.12 2014나12777

하자보수보험금 등

Text

1. It is against Defendant Hyundai Industrial Development Co., Ltd. in the judgment of the first instance, including claims extended in the trial.

Reasons

1. The reasoning for the court’s explanation on this part is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following: “after the inspection of use was conducted on August 27, 2004,” the reasoning for the judgment of the court of first instance is as follows: “after the inspection of use was conducted on September 2, 2004,” the reasoning for the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The third-party 1 to 4 of the judgment of the court of first instance (the part in which evidence is written) shall be as follows.

The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 1-1, Gap evidence 2, 3, 5, and 9-1, Gap evidence 2-3, 5, and 9; the result of the defect appraisal conducted by the appraiser B of the first instance trial; the result of the fact inquiry conducted by the court of first instance against the appraiser G (H) of the court of first instance; and the whole purport of the arguments as to the result of the request for appraisal

The fourth 10th to the sixth 4th m (C. and D.) below the fourth mar of the first instance judgment shall be followed by the following:

C. (i) The Defendant Hyundai Industrial Development failed to construct the part to be constructed in accordance with the design drawings regarding the section for common use and section for exclusive use of the apartment of this case, or caused multiple defects to the apartment of this case on the wind of constructing the apartment of this case by changing the same differently from the design drawings.

See this, at the request of the sectional owners or occupants, the plaintiff requested the development of the modern industry to repair the defects several times, and the development of the defendant Hyundai Industries carried out some defect repair works.

Article 24(Attachment) of the Civil Code

1. The repair cost table by defect list of the section for common use and (attached Form);

2. The repair cost table for each defect list of sections for exclusive use is 'each.'