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(영문) 서울고등법원 2016.01.29 2014나41805

하자보증금

Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is the Plaintiff’s apartment in the Daegu-gu Head of Simpo-si, the 18-1st of Simpo-ri, the achievement of Simnae-1 (hereinafter

(2) The Defendant is a person who has entered into a contract for the repair of defects as follows with the Samd Co., Ltd. (hereinafter “Nonindicted Company”) which is the contractor of the instant apartment.

B. The non-party company entered into a contract for the warranty of defects and usage inspection 1) with the defendant to enter into a contract for the warranty of defects within the warranty period of October 4, 2007 with the warranty period of 206,127,090 won from November 30, 207 to November 29, 2017, with the amount generally deemed reasonable as the expenses actually incurred in the repair of defects within the warranty period of 207, the non-party company deposited each warranty bond of 206,127,090 won from 208 to 207.13,00 won from November 30 to 29, 2012 with the head of 206,000 won, including floor, roof, 206, 127, 090 won on November 30, 207 to 30, 2015 to 10-13, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1

2. Determination on the occurrence and scope of defects

A. The non-party company newly constructed the apartment of this case in full view of the occurrence of defects and the cost of repairing the apartment of this case, the result of the appraisal by the appraiser of the first instance trial, and the result of each appraisal supplementation, the result of each entrustment by the above appraiser in the trial, and the purport of the whole argument in the written correction of the result of appraisal.

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