손해배상(기)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as stated in the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the court's ruling is the same as that of the court's ruling of the first instance except for the dismissal or addition as stated in paragraph (2) below.
2. Parts 6, 9, 18, 6, 6, 9, 9, 18, 6, 6, 6, 6, 6, 6, 6, 6
In the above facts, the facts acknowledged in the civil civil case which had been established in the civil trial are significant evidence unless there are special circumstances (see, e.g., Supreme Court Decision 97Da49053, Feb. 24, 1998). The appraiser's appraisal result should be respected unless there are obvious errors such as the appraisal method against the rule of experience or unreasonable (see, e.g., Supreme Court Decision 2004Da70420, Feb. 22, 2007). As seen above, the appraiser's appraisal result in the related litigation was determined as the basic material for the determination of the appraiserJ's appraisal result in the related litigation. In full view of the fact that the judgment was determined that the lack of internal ability in the absence of the second floor floor construction report in the process of the defendant's structural design of the loan of this case without reflection of the seismic height in the calculation of the foundation in the earthquake design of the above case, it is reasonable to view that there was a lack of design capacity in the second floor construction engineer's without considering special earthquakes.
It is insufficient to readily conclude that there is no rationality, and it is difficult to deem that there are special circumstances to reject the probative value of the facts recognized in the relevant lawsuit already finalized.
On the 9th judgment of the first instance court, the “assumed by the Defendant” in the 15th sentence shall be added as follows.
3. Conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit, and the court of first instance.