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(영문) 서울고등법원 2015.12.09 2014나2037444

손해배상(기)

Text

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

The plaintiffs.

Reasons

1. According to the records of the court's trial scope of this court, the court of first instance against the plaintiffs' claim for delayed compensation, damages for false advertisements, and damages in lieu of defect repairs in the first instance court's judgment, the court of first instance against the plaintiffs' claim for damages for false advertisements is recognized as the fact that the parties to the lawsuit filed an application for intervention in succession in the court of first instance by succession, citing only the amount indicated in the separate sheet 4 out of the damages in lieu of the parts related to solar power generation system of outer walls, solar power generation system, solar light mining system, solar mining system, solar block creation (hereinafter "environment-friendly facilities"), and the damages in lieu of defect repairs, only the defendant appealed against the judgment of the first instance court, and only the defendant appealed against the judgment of the first instance. The plaintiffs withdrawn the claim for delay compensation in the trial, specified the amount of partial claim for damages for false advertisements (which refers to eco-friendly facilities), and reduced the amount in the separate sheet 4 amount and claimed in full.

According to the above facts, the scope of the judgment of this court is limited to the plaintiffs' claims for damages for false advertisements, the part related to eco-friendly facilities and the claims for damages in lieu of defect repairs, and the succeeding intervenors' claims for intervention

2. Basic facts

A. A. 1) The Defendant entered into a trust contract and a construction contract on December 14, 2009 (hereinafter “Daol Pelel”) with Multiluri L Co., Ltd. (hereinafter “Daol Pel”).

(1) On April 1, 201, ELA Construction Co., Ltd. (Seoul Central District Court Decision 2011 Gohap34, the A was appointed as a custodian and the rehabilitation plan was approved on September 30, 201.

It shall be referred to as "ELA Construction" regardless of whether it is before or after the rehabilitation procedures.

Between the truster and beneficiary, the truster, the defendant, the national bank and the Korean bank, the second beneficiary and the second beneficiary and the trial corporation.